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Dean v. West9/14/2000
JUDGMENT: Affirmed in Part; Reversed in Part and Remanded
Plaintiff-appellant Michael Dean appeals the November 30, 1999, and January 6, 2000 Judgment Entries entered by the Licking County Municipal Court, granting defendant-appellee Kenneth West's motion for directed verdict, overruling appellant's motion for a new trial, and denying appellant's Civ. R. 60(B) motion for relief from judgment.
STATEMENT OF THE FACTS AND CASE
On March 2, 1997, appellant and appellee were involved in an automobile accident, resulting from appellee's driving his vehicle into the rear of appellant's vehicle, which, in turn, caused appellant's vehicle to collide into the rear of a third vehicle. Subsequently, appellant filed a negligence claim in the Licking County Municipal Court, alleging property damage, personal injury , pain and suffering, and serious emotional distress. The matter proceeded to trial by jury on November 22, 1999. Appellant was the only witness to testify at trial. Appellant testified he purchased his 1983 Toyota Corolla, the vehicle he was driving at the time of the accident, in November, 1989, for approximately $2,000. Appellant stated he spent approximately $2500 on repairs to the vehicle prior to the accident. Appellant noted the vehicle was totaled due to the collision. On cross-examination, appellant conceded motor vehicles generally depreciate in value over time, however, he maintained he would not have accepted $4,000 for the vehicle one hour prior to the accident. Regarding the physical injuries he suffered, appellant testified he experienced soreness through his ribs and restricted movements. Appellant explained he did not seek medical attention immediately after the accident because he was not experiencing any soreness at that time. He acknowledged the soreness he experienced subsequent to the accident was not severe enough to warrant a visit to the doctor. Appellant presented no expert medical testimony in support of his claims. Appellant also claimed he suffered serious emotional distress as a result of the accident. Appellant testified the accident caused him to have nightmares. Appellant recalled the nightmares involved something coming at him and his being unable to move out of the way. Appellant described the nightmares as "minor." Appellant admitted he did not have the nightmares as frequently and could not recall the last time he had one. At the close of appellant's case-in-chief, appellee moved for a directed verdict, which the trial court granted. The trial court granted appellant nominal damages in the amount of $50. These rulings were memorialized via Judgment Entry filed November 30, 1999. On December 10, 1999, appellant filed a Motion for New Trial. Thereafter, appellant filed a Civ. R. 60(B) Motion for Relief from Judgment. The trial court overruled both motions via Judgment Entry filed January 6, 2000. It is from these judgment entries appellant appeals, raising the following assignments of error:
I. THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION IN GRANTING A DIRECTED VERDICT AT THE CLOSE OF APPELLANT'S CASE IN CHIEF.
II. THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION IN DENYING APPELLANT'S MOTION FOR RELIEF FROM JUDGMENT.
III. THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION BY DENYING APPELLANT'S MOTION FOR A NEW TRIAL.
I.
In his first assignment of error, appellant maintains the trial court erred in granting appellee's motion for a directed verdict. Civ. R. 50(A)(4) provides: When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds
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