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Wargo v. Buck9/25/1997
re causally unrelated, an argument apparently accepted by the jury, it does not strike us as being plainly erroneous, based on the limited record before us, to have included such an instruction. However, without the opportunity to examine the instructions as a whole, we have no choice but to assume the validity of the proceedings below. We note that even if appellants had provided this court with the entire jury instructions, we do not believe appellants have complied with Civ.R. 51,
which requires that the party appealing the giving of a jury instruction state specifically the grounds for the objection. The record before us indicates that appellants' counsel stated only that he would "strenuously object" to the giving of the instruction. This hardly can be said to have provided the trial court with an adequate basis for refusing to give the instruction requested by appellee.
Appellants' third assignment of error is without merit.
Appellee has listed two cross-assignments of error which read as follows:
"I. The trial court committed prejudicial error by failing to enter judgment in favor of the defendant after the jury found that the plaintiff suffered no damages. "II. The trial court committed prejudicial error by failing to present a verdict form in favor of the defendant to the jury."
Appellee first argues that injury proximately resulting from negligence is an essential element of any negligence claim. Appellee argues that while he admitted negligence, he denied injury proximately resulting from his negligence. Hence, appellee claims that when the jury returned a verdict in favor of appellants but found that no injuries had been suffered, an essential element of appellants' negligence claim was missing, and that judgment should have been entered in appellee's favor. Appellee cites Younce v. Baker (1966), 9 Ohio App.2d 259, 38 O.O.2d 316, 224 N.E.2d 144, in support of his position in this regard. We note that appellants have not responded to this argument.
The second cross-assignment of error is related to the first cross-assignment. Appellee argues that since appellants did not establish their claim for negligence, appellee was prejudiced by the trial court's refusal to give to the jury a verdict form in favor of the defendant. Appellee cites Haines v. Cleveland Ry. Co. (1943), 141 Ohio St. 523, 26 O.O. 110, 49 N.E.2d 172, and Appleton v. Matthews (1968), 16 Ohio Misc. 130, 45 O.O.2d 90, 238 N.E.2d 846, and argues that a submission of verdict forms in favor of a plaintiff and a defendant is appropriate where the defendant has conceded negligence and admits only minor and inconsequential injuries.
Because, as cross-appellant concedes, the grounds for both assigned errors are substantially similar, we elect to treat them together. Before trial, cross-appellant conceded liability for the vehicle collision but denied causing the injury complained of. Because appellant Eugene Wargo's injuries were not minor and inconsequential as in Haines, supra, the trial court did not err in submitting a plaintiffs verdict form to the jury. However, as the court in Younce, supra, correctly stated:
"Where a defendant admits negligence proximately causing a traffic collision with plaintiff but denies injury , and the jury, upon adequate evidence,
returns the single form of verdict submitted to it finding for the plaintiff, but stating plaintiff's damages to be none, judgment for the defendant is proper."
This statement recognizes the established notion that an admission of the breach of a duty is only one of the e
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