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Chaney v. Eason12/24/1997
PER CURIAM
JUDGMENT: AFFIRMED.
Plaintiff-appellant, Letha Chaney ( appellant ), administratrix of the Estate of Shawn Chaney, appeals from the judgment of the trial court granting defendants-appellees, State Farm Insurance Company and Davilyn Eason's ( appellees ), motion for directed verdict. Appellant assigns the following error for our review:
THE TRIAL COURT ERRED TO THE PREJUDICE OF THE APPELLANT BY GRANTING APPELLEES' MOTION FOR DIRECTED VERDICT AS CONSTRUING THE EVIDENCE SUBMITTED AT TRIAL MOST STRONGLY IN FAVOR OF APPELLANT[.] REASONABLE MINDS CANNOT COME TO BUT ONE CONCLUSION WHICH IS ADVERSE TO THE APPELLANT.
Finding that appellant's appeal lacks merit, the judgment of the trial court is affirmed.
I.
On February 9, 1996, appellant, the personal representative and administratrix of her son Shawn Chaney's estate, filed a complaint in the Cuyahoga County Common Pleas Court against her uninsured motorist carrier, appellee State Farm Insurance Company ( State Farm ), and Davilyn Eason. Count I of appellant's complaint sets forth a cause of action for wrongful death; Count II of appellant's complaint sets forth a claim for survivorship rights; and Count III of appellant's complaint sets forth a cause of action for uninsured motorist coverage. On March 21, 1996, appellee, State Farm, filed its answer, cross-claim and third party complaint against Faye B. Peterson, U Auto Leasing and Abraham Stern for indemnification. On September 10, 1996, Faye B. Peterson was voluntarily dismissed as a party to the complaint.
On February 13, 1997, a jury trial was conducted. At the close of the evidence, appellee's counsel moved for a directed verdict. The trial court granted appellee's motion for directed verdict and dismissed the case. On August 6, 1997, the trial court amended its judgment to include the language there is no just reason for delay .
II.
At approximately 7:30 p.m. on October 24, 1994, appellee, Davilyn Eason, borrowed her cousin's car to go to the Euclid Deli, a convenient store located on Alcoy and Euclid Avenue in Cleveland, Ohio. Upon exiting the store, Eason was approached by her friend Laverne Jones who needed a ride. Eason and Jones proceeded to enter Eason's car. As both Eason and Jones got into the car, Shawn Chaney, the decedent, approached the driver's side of the vehicle. Eason heard Chaney say, Bitch, don't move the car. Jones then told Eason, go, he's got a gun.
With the vehicle already running, Eason stepped onto the accelerator and the vehicle began moving. At this time, Chaney had placed his left hand inside of the car and grabbed the steering wheel. Chaney continued to hang on to the steering wheel as Eason accelerated to speeds of 40-45 miles per hour. Eason, attempting to reach the police station, went left of center and over a tree lawn, when she eventually felt a jerk or hard pull to the left of the vehicle. After feeling the jerk, Eason was unable to remember any other details about the accident or how it occurred. Eason later learned that Shawn Chaney had been killed.
III.
In her sole assignment of error, appellant maintains that the trial court erred in granting appellees' motion for directed verdict.
Civ.R. 50(A)(4) states:
When granted on the evidence. 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 that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to
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