 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lewis v. Alfa Laval Separation6/4/1998
PETER B. ABELE, Judge.
This is an appeal from a judgment entered by the Lawrence County Common Pleas Court after a jury trial. The jury awarded Russell G. Lewis and his wife, Minnie Lewis, plaintiffs below and appellees/cross-appellants herein, $650,000 from Alfa Laval Separation, Inc., defendant below and appellant/cross-appellee herein, for injuries he received as a result of an October 24, 1993 explosion of a centrifuge at Ashland Oil Company's South Point Ethanol Plant.
Appellant/cross-appellee (hereinafter "appellant") assign the following errors:
"First Assignment of Error:
"The trial court erred in granting the plaintiffs' motion in limine prohibiting defendant from introducing evidence of plaintiffs contributory negligence in failing to wear mandatory hearing protection.
"Second Assignment of Error:
"The trial court erred in permitting plaintiffs to introduce evidence of a settlement of the claims of South Point Ethanol.
"Third Assignment of Error:
"The trial court erred in permitting plaintiffs to elicit expert testimony from their economist on the monetary value of plaintiff's loss of enjoyment of life's pleasurable activities.
"Fourth Assignment of Error:
"The trial court erred in failing to instruct the jury to limit its consideration of medical expenses incurred by the plaintiffs to those documented in plaintiffs medical exhibit binder."
Appellees/cross-appellants (hereinafter "appellee") assign the following errors:
"First Assignment of Error:
"The trial court erred in granting defendant's motion for directed verdict on the plaintiffs punitive damages claim.
"Second Assignment of Error:
"The trial court erred in denying plaintiffs' motion for prejudgment interest."
On December 16, 1994, appellee filed the instant complaint. In the complaint, appellee alleged that while he was working at Ashland Oil Company's South Point Ethanol Plant on October 24, 1993, he suffered severe injuries, including permanent damage to his ear and auditory system. The injuries occurred when a Model D-7500 centrifuge manufactured and repaired by appellant exploded with such force that the extension portion of the centrifuge was thrown straight up through the roof of the plant and hot corn mash was forcibly blown into appellee's ear.
On January 24, 1995, appellant filed an answer which, inter alia, raised the affirmative defenses of comparative negligence and assumption of risk. On September 13, 1995, appellee amended the complaint by adding a claim for punitive damages. During the next year, the parties engaged in extensive discovery proceedings, including over thirty depositions.
On October 2, 1996, appellee filed a motion in limine requesting the trial court to prohibit appellant from introducing or referring to any evidence regarding hearing protection. On October 7, 1996, appellant filed a memorandum in opposition to appellee's motion in limine. The trial court granted the motion in limine.
On October 21, 1996, the first day of the jury trial, appellant filed a motion in limine requesting the trial court to prohibit appellee from introducing any testimony regarding hedonic damages. When denying the motion, the trial court commented that the "testimony here goes to the credibility or weight to be given to the evidence of Dr. Brookshire." During the trial, Dr. Brookshire, an economist, testified that because our country values a fife at $3,500,000, because that $3,500,000 amount minus the $900,000 worth of wages that an averagsAme
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|