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Pearson v. Wasell12/16/1998
COX, Judge.
This matter presents a timely appeal from a jury verdict and judgment rendered upon that verdict by the Columbiana County Common Pleas Court, finding in favor of defendant-appellee, Joann Commarota Wasell, and from a subsequent decision rendered by the trial court overruling the motion for new trial filed by plaintiffs-appellants, Carol A. Pearson et al.
On November 13, 1992, plaintiff-appellant Carol A. Pearson was operating her motor vehicle west on Second Street at the intersection of Jackson Street, in East Liverpool, Columbiana County, Ohio, intending to proceed straight through the intersection. Appellee was traveling east on Second Street and turned left in front of appellant, failing to yield the right-of-way. A collision occurred between the vehicle being driven by appellant and the vehicle being driven by appellee as the right front of appellant's vehicle struck the right rear quarter panel of appellee's vehicle.
Although the damage to the vehicles in question was reported as being light and both parties were described as being uninjured by the investigating police officer, appellant Carol A. Pearson sought medical attention at a local emergency room eight days after the automobile accident. Appellant thereafter received follow-up care from Dr. Robert Mantica, complaining of pain in her hip, buttocks, knee, and right leg. Prior to this automobile accident, appellant had fallen down a flight of concrete stairs in June 1990, causing injury to her neck, shoulder, and low back, requiring her to seek previous treatment from Mantica. Following her treatment with Mantica after the automobile accident in question, appellant was referred to Dr. Bruce R. Bender, then Dr. Kevin Altman, and, finally, Dr. David Kraus, who performed surgery on appellant's lower back.
On November 8, 1994, plaintiffs-appellants, Carol A. Pearson and Leozie Pearson, filed a complaint against appellee alleging claims for personal injury and loss of consortium as a result of the aforementioned automobile accident. Appellee filed an answer to appellants' complaint in which she presented an affirmative defense alleging that Carol Pearson was at least contributorily negligent in causing the accident in question. Appellee also set forth a counterclaim against appellant, alleging a claim for personal injury , which was voluntarily dismissed prior to trial.
Following discovery, this matter proceeded to jury trial on August 19, 1996. At the close of all evidence, appellants' counsel moved for a directed verdict with regard to the issue of liability and the trial court granted the motion, reserving the issues of proximate cause and damages for jury determination. Upon due deliberation, the jury returned a verdict in favor of appellee.
Appellants then filed a motion for new trial on September 4, 1996, asserting that the jury had awarded inadequate damages, that the judgment was not sustained by the manifest weight of the evidence, that the judgment was contrary to law, and that an error of law occurred at trial that was brought to the attention of the trial court. On September 18, 1996, the trial court filed its judgment entry, overruling appellants' motion for new trial. Appellants filed their notice of appeal on October 17, 1996. Appellants set forth six assignments of error on appeal.
Appellants' first assignment of error alleges:
"The trial court prejudicially erred, as a matter of law, in submitting separate jury forms to the jury for verdicts in favor of appellants or appellee when the court directed a verdict for the appellants."
Following the close of all evidence in this case, the
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