 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shepler v. Love9/14/2001
As amended September 27, 2001.
JACK D. SHEPLER PLAINTIFF-APPELLANT
v.
BEVERLY J. LOVE, ET AL. DEFENDANTS-APPELLEES
Attorneys: David R. Pheils, Jr. Attorney at Law Reg. #0005574 430 Louisiana Avenue Perrysburg, OH 43551 For Appellant. Stephen C. Rouch. Attorney at Law Reg. #0003596 608 Madison Avenue, Suite 1325 Toledo, OH 43604 For Appellee, McGovern. Steven E. Herman Attorney at Law Reg. #0069668 338 South High Street, 2nd Floor Columbus, OH 43215 For Appellee, Beverly Love. Wayne Hohenberger Attorney at Law Reg. #0012682 24 West Third Street, Suite 306 Mansfield, OH 44902 For Appellee, Robert Dull.
The opinion of the court was delivered by: Walters, P.J.
OPINION
CHARACTER OF PROCEEDINGS: Civil Appeal from Common Pleas Court.
JUDGMENT: Judgment reversed and cause remanded.
This appeal arises from a decision by the Common Pleas Court of Huron County to overrule Appellant's motions for a new trial in a personal injury case. For the following reasons, we reverse the trial court's decision.
This case arises from a series of three automobile accidents and an alleged assault and battery. The first accident occurred on January 16, 1997, between Jack Shepler ("Appellant") and Appellee Beverly Love. Subsequently, on July 2, 1997, another collision occurred between Appellant and Appellee James McGovern. Thereafter, on April 1, 1998, Appellant was in a third automobile accident with Appellee Roberta Dull. The final incident was an alleged assault upon Appellant by Lane Paullin, a defendant below, occurring on June 14, 1998; however, Mr. Paullin is not a party to this appeal.
Each of the three Appellees admit they were at fault for causing their respective collisions with Appellant; however, the questions at trial involved the issues of whether injuries were sustained, except for Appellee Love who admitted to causing some injury , whether each accident aggravated the injuries complained of, and whether or how much Appellant is entitled to for damages as a result thereof.
Appellant claims that each accident and repeated trauma caused long lasting soft tissue injuries and posttraumatic fibromyalgia, which resulted in his permanent and total disability. A vast amount of evidence was brought forth from several different health care providers. Appellant's treating physicians and the physicians called by the Appellees all agreed that Appellant had sustained soft tissue injuries by each of the accidents. As for the fibromyalgia, the testimony conflicted as to whether or not it was caused by any of these incidents.
After considering the evidence, the jury determined that no injuries were sustained as to Appellees McGovern and Dull. As for Appellee Love, the jury awarded Appellant $675.65.
Thereafter, Appellant filed a motion for judgment notwithstanding the verdict or for a new trial as to all issues. In response, the trial court denied the motions as to the claims against Appellees McGovern and Dull, and denied the motions as to the claims against Appellee Love conditioned upon Love's acceptance of an additur in the amount of $1,000. From this judgment, Appellant filed this timely appeal and asserts the following four assignments of error.
Assignment of Error I
The trial court erred in denying plaintiff a new trial as to defendant Love while imposing an additur without plaintiff's agreement.
An additur is the trial court's ability to increase the amount of an inadequate damages award made by a jury verdict. This court has previousl
Page 1 2 3 4 5 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|