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Gargiulo v. Walden5/7/1998
e filed a suit in 1986 for injuries sustained while using Nautilus equipment. Her complaint alleged she suffered permanent injuries to her back, neck and shoulders. Given the state of this evidence, it was within the jury's discretion to determine the credibility of the witnesses and we cannot hold that the trial court abused its discretion in denying the plaintiff's motion for a new trial.
Assignments of Error I and II are overruled.
III. THE TRIAL COURT ERRED TO THE PREJUDICE OF THE PLAINTIFF IN FAILING TO SUBMIT INTERROGATORIES TO THE JURY.
Plaintiff contends that the trial court erred in not submitting plaintiff's proposed interrogatories to the jury. The proposed interrogatories, however, were not included in the record on appeal. Appellant bears the burden of providing a record which demonstrates the claimed error. Baker v. Cuyahoga Cty. Court of Common Pleas (1989), 61 Ohio App.3d 59, 62. Since we do not have the interrogatories before us, we presume regularity in the trial court's proceedings. See Brookridge Party Center v. Fisher Foods (1983), 12 Ohio App.3d 130, 136 (presume regularity when interrogatory not in the record); Poe v. Dinard (Nov. 7, 1990), Lorain App. No. 90 CA 00478, unreported (proposed interrogatories not in record; presume regularity).
Assignment of Error III is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant his costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas 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.
PATTON, J., and SPELLACY, J., CONCUR.
JAMES M. PORTER PRESIDING JUDGE
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