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Wingfield v. Cleveland Clinic Foundation12/11/1997
l v. Gibson (1985), 19 Ohio St.3d 10, 12). In considering whether the particular portions of the trial court's instructions were improper, the instructions must be viewed in their entirety. Id. citing Schadev. Carnegie Body Co. (1982), 70 Ohio St.2d 207, 210.
The jury instructions are as follows:
* The defendant admits that [Wingfield] was an employee, at the time and that she was in the course and scope of her employment at the time she fell.
*
The defendant, Cleveland Clinic Foundation admits the plaintiff suffered an injury , minor trauma to the shoulder. The defendant denies that the plaintiff sustained any further or any other injury.
*
The plaintiff claims therefore that an incident, the fall that occurred at the Cleveland Clinic on October 12th, 1990, resulted in injuries to her consisting of a herniated disk at L-5 S-1. * Whether it is herniated or whether its going to be bulging that's for the jury to determine, and a left shoulder dislocation.
*
Now, she must prove by a preponderance of the evidence that she developed either the bulging disk at L-5 S-1 or the herniated disk at L-5 S-1 and/or the left shoulder dislocation. And that they were, or any of the three of them were directly and proximately caused by the incident on October 12th, 1990 when she fell.
* [Tr. 227-230 (emphasis added)]
Our review of the jury instructions reveals no error by the trial court. The trial court plainly stated that it was up to the jury to decide whether Wingfield sustained the injuries she claimed. We conclude the jury instruction was not misleading or prejudicial to CCF. See Hess, citing Laverick v. Children's Hosp. Med. Ctr., Inc. (1988), 43 Ohio App.3d 201. The second assignment of error is overruled.
Judgment affirmed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Exceptions.
DYKE, J., and PATTON, J., CONCUR.
PATRICIA ANN BLACKMON, PRESIDING JUDGE.
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