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Parusel v. Ewry1/30/2004
was erroneous. Civ.R. 61. Moreover, since the jury found no negligence on appellee's part, any error relating to the unutilized interrogatories was harmless. Id. Additionally, if there was error, it was invited. See State ex rel. Klein v. Carroll, 96 Ohio St.3d 404, 489, 2002-Ohio-4849 at .
. Each of appellee's arguments has merit. Accordingly, appellant's third assignment of error is not well-taken.
Loss of Chance and Comparative Negligence
. In her final two assignments of error, appellant complains that the court should not have instructed the jury on comparative negligence or on the "loss of chance" theory of recovery. Since both of the instructions of which appellant complains go to apportionment of negligence or damages and the jury returned an interrogatory finding that appellee was not negligent, the jury would never have needed to reach these issues. As a result, any error in instructing on these issues could not have prejudiced appellee. Consequently, any purported error was necessarily harmless. Accordingly, the fourth and fifth assignments of error are not well-taken.
. On consideration whereof, the judgment of the Lucas County Court of Common Pleas is affirmed. Costs to appellant.
JUDGMENT AFFIRMED.
Richard W. Knepper, J.
Mark L. Pietrykowski, J.
Arlene Singer, J.
CONCUR.
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