 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Krause v. Streamo9/3/2002
JUDGMENT: Affirmed
Plaintiffs-appellants Donald M. Krause, et al. appeal from the October 29, 2001, September 5, 2001, October 26, 2000, and February 11, 2000, Judgment Entries of the Stark County Court of Common Pleas.
STATEMENT OF THE FACTS AND CASE
On January 21, 1998, at approximately 6:00 p.m., Mary Jane Krause was struck by a vehicle operated by appellee Paul J. Streamo while she was walking home from the grocery store. Mrs. Krause, who was 77 years old at the time of the accident, was survived by five children.
Thereafter, on September 20, 1999, appellants, Donald M. Krause, individually and as the Administrator of the Estate of Mary Jane Krause, and Mrs. Krause's four other children filed an action for wrongful death and declaratory judgment against Paul J. Streamo, David L. Streamo, Progressive Insurance Company, Sentry Insurance Company and State Farm Mutual Automobile Insurance Company in the Stark County Court of Common Pleas. While David L. Streamo was the owner of the motor vehicle operated by appellee Paul J. Streamo on the date in question, the three insurance companies insured the decedent's children under various automobile insurance policies. Appellants specifically sought underinsured motorist coverage under such policies.
Subsequently, both appellee Progressive Insurance Company and appellee State Farm Mutual Automobile Insurance Company filed motions for summary judgment arguing that, pursuant to R.C. 3937.18(A)(2) as amended by Am.Sub. S.B. 20, underinsured motorist coverage was not available to appellants. Both motions for summary judgment were granted by the trial court as memorialized in Judgment Entries filed on February 11, 2000, and October 26, 2000.
The parties in this matter stipulated that appellants' claims against appellee Paul J. Streamo and against David L. Streamo would be tried only on issues of liability. Therefore, a jury trial commenced on August 14, 2001. After appellants rested, trial counsel moved for a directed verdict pursuant to Civ.R. 50 on behalf of appellee Paul J. Streamo and David L. Streamo. While the trial court sustained David L. Streamo's motion for a directed verdict, the trial court denied the motion in regard to appellee Paul J. Streamo. The trial court also denied the motions for a directed verdict that were made by appellee Paul J. Streamo and by appellants at the close of all of the evidence. Subsequently, the jury, on August 17, 2001, returned with a verdict in favor of appellee Paul J. Streamo and against appellants. The jury specifically found in an interrogatory that appellee Paul J. Streamo was not negligent. A Judgment Entry memorializing the jury's verdict was filed on September 5, 2001.
On September 13, 2001, appellants filed a Motion for Judgment Notwithstanding the Verdict or for a New Trial arguing that (1) reasonable minds could only come to one conclusion and that conclusion is adverse to appellee Paul J. Streamo, (2) the judgment was against the weight of the evidence, and (3) the judgment was contrary to law. Pursuant to a Judgment Entry filed on October 29, 2001, the trial court denied appellants' motion.
It is from the trial court's October 29, 2001, September 5, 2001, October 26, 2000, and February 11, 2000, Judgment Entries that appellants now appeal, raising the following assignments of error:
"I. THE TRIAL COURT BELOW ERRED TO THE PREJUDICE OF THE APPELLANTS BY OVERRULING APPELLANTS' MOTIONS FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, ALTERNATIVELY, FOR A NEW TRIAL.
"II. THE TRIAL COURT BELOW ERRED TO THE PREJUDICE OF THE APPELLANTS BY OVERRULING APPELLANTS' MOTION FOR
Page 1 2 3 4 5 6 7 8 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|