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Allison v. Daniels9/20/2002
JUDGMENT: Affirmed.
. This appeal arises out of a negligence complaint based on injuries that Appellant Thomas A. Allision sustained in a motor vehicle collision. The case went to a jury trial and Appellant received a verdict in his favor in the amount of $7,500. Appellant filed a motion for new trial on the issue of damages. The motion was overruled by the trial court, and it is this judgment which Appellant is challenging on appeal.
. On July 13, 1997, Appellee Bernie Daniels operated a motor vehicle which struck the rear of a vehicle operated by Appellant. Appellant filed a complaint on June 11, 1999, alleging that the accident occurred through Appellee's negligence and that Appellant sustained permanent injuries to his head, neck , shoulder, arm, elbow and back. The case went to a jury trial on March 26, 2001. The only issues in dispute at trial were whether Appellee's actions proximately caused Appellant's injuries, and the amount and extent of any damages. Part of the evidence at trial consisted of the deposition testimony of Dr. J. Murphy Crum, an expert witness utilized by Appellant.
. The jury returned its verdict on March 29, 2001. It awarded Appellant $7,500 in damages. On April 10, 2001, Appellant filed a motion seeking a new trial on the issue of damages, due to his belief that the award was inadequate. The motion was overruled on April 25, 2001. Appellant filed this timely appeal on May 8, 2001.
. Initially, we must resolve a question which has arisen as to whether the redacted deposition of Dr. Crum is part of the record on appeal. On May 8, 2001, Appellant ordered a partial transcript to be prepared for this appeal. Appellant also requested the court reporter to make a complete copy of the deposition testimony of Dr. Crum as presented at trial. Appellant did not know if Dr. Crum's deposition testimony was actually recorded by the court reporter at trial, or if a redacted copy of the deposition, as corrected by the court's rulings on the objections made at the deposition, was entered into evidence. Either option was acceptable to Appellant. The clerk's office, though, sent us the full uncorrected deposition as part of the record on appeal. The parties agreed that this contained an incorrect version of the evidence presented to the jury. At oral argument they stipulated that they would submit a redacted copy of the deposition as the true record of the proceedings, which they did.
. App.R. 9(E) allows parties to correct errors and omissions in the record by stipulating to the correction. App.R. 9(E) states:
. "(E) Correction or modification of the record
. "If any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the court of appeals, or the court of appeals, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the court of appeals." (Emphasis added.)
. If the parties stipulate to corrections made to the record, pursuant to App.R. 9(E), we may accept such stipulation as a correction of the record, and we may consider such evidence when reviewing the issues on appeal. Soteriades v. Wendy's of Ft. Wayne, Inc. (1986), 34 Oh
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