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Fields v. Dailey6/14/1990
CASTLE, Judge.
Case No. 89AP-702 presents an appeal by plaintiff from a judgment of the common pleas court which granted defendants' motion for a new trial on the issue of damages alone. The new trial was granted following a jury verdict in favor of plaintiff for the sum of $1,000,000 in compensatory damages for the wrongful death of plaintiff's son. Defendants appeal in case No. 89AP-733 from the judgment rendered in favor of plaintiff on the issue of liability.
Robert Roddy, the oldest child of plaintiff, Betty Fields, was shot and killed on February 12, 1984 by defendant Michael Dailey, a sergeant with the Division of Police for defendant city of Columbus. The shooting occurred during the course of defendant Dailey's response to a call for help made by plaintiff. Apparently, Roddy had a long-term history of mental illness for which he took medication. When Roddy failed to properly medicate himself, however, he was prone to bizarre and uncontrollable behavior. During the course of Dailey's encounter with Roddy at plaintiff's residence, defendant Dailey shot Roddy six times with his service revolver. The first two shots struck Roddy in the upper portion of his legs. The second volley of four shots hit Roddy in the abdomen, which shots ultimately proved to be fatal.
As a result of this incident, plaintiff initiated the instant cause on February 12, 1986 for the wrongful death of her son. The prayer for relief soughs$100,000 in compensatory damages. Plaintiff's subsequent motion to amend the prayer to request $750,000 was allowed on November 3, 1988 and the matter proceeded to trial on November 9, 1988. On the day of trial, plaintiff's motion in limine seeking to prohibit defendants from introducing evidence of Roddy's prior criminal history and evidence of Roddy's prior acts of violence were submitted to the common pleas court. The trial court granted plaintiff's motion to prohibit the introduction of Roddy's prior criminal history, but denied the motion with respect to Roddy's propensity toward violent behavior.
Following the presentation of all the evidence, the jury returned a verdict in favor of plaintiff on November 18, 1988 in the amount of $1,000,000. Defendants moved the court for a judgment notwithstanding the verdict which was overruled on March 16, 1989. Defendants' motion for a new trial with respect to the issue of damages alone was granted on that same day and reduced to judgment on May 22, 1989. Plaintiff and both defendants now appeal and set forth the following respective assignments of error:
Case No. 89AP-702:
"1. The trial court erred as a matter of law, and abused its discretion, in granting the defendants' motion for new trial on the issue of damages, on the ground that the verdict was not sustained by the weight of the evidence.
"2. The trial court erred as a matter of law, and abused its discretion, in granting the defendants' motion for new trial on the issue of damages, on the ground that the verdict as to damages was influenced by improper passion and prejudice.
"3. The trial court erred as a matter of law, and abused its discretion, in granting the defendants, motion for new trial on the issue of damages, based in part upon the fact that the plaintiff's son suffered from mental illness, and improper evidence presented by the defendants in regard to that illness."
Case No. 89AP-733:
"1. After finding passion and prejudice influenced the jury, it was error for the court to deny a new trial on the issue of liability.
"2. It was error to infer to the jury that police officers have a duty to retreat from danger.
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