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Logarusic v. King Musical Instruments3/18/1991
ve that, where a trial court does refer to such rulings, it may on its own motion, and should, on request by the claimant (Rhoades v. Cleveland , 157 Ohio St. 107, [47 O.O. 91] 105 N.E.2d 2), instruct the jury, as the trial court did in this case, not to consider those administrative decisions but to base its decision on the evidence presented to it." Id., 17 Ohio St.2d at 23, 46 O.O.2d at 195, 244 N.E.2d at 751.
The Valentino case was certified to the Supreme Court by the Mahoning County Court of Appeals as being in direct conflict with Jones v. Keller, supra.
The issue in Valentino involved sending pleadings to the jury. The court held:
"* * * here adverse rulings of the Administrator of the Bureau of Workmen's Compensation, the Regional Board of Review and the Industrial Commission, with respect to a claim for workmen's compensation, are required to be alleged in a petition upon appeal pursuant to Section 4123.519, Revised Code, in order to set forth the basis for the jurisdiction of the court over the appeal, it is not error for a trial court in its charge to the jury to summarize those allegations of the petition with respect to such adverse administrative rulings, if the court instructs the jury not to consider those rulings but to base its decision on the evidence presented to it." Id., 17 Ohio St.2d at 24-25, 46 O.O.2d at 195-196, 244 N.E.2d at 751-752.
Civ.R. 8(G), which was enacted subsequent to Valentino and which prohibits the reading or submission of the pleadings to the jury, except as used in evidence, changes the Valentino holding regarding the admissibility of the pleadings. However, Civ.R. 8(G) does not change or affect the Valentino holding that the improper reference to an adverse administrative ruling is not prejudicial where a curative instruction is given. See Neuberger v. Mayfield (Mar. 30, 1990), Trumbull App. No. 88-T-4123, unreported, 1990 WL 36325; Wright v. Mayfield (Oct. 13, 1987), Montgomery App. No. 10379, unreported, 1987 WL 18189.
Appellant's assignment is without merit; therefore, the judgment of the trial court is affirmed.
Judgment affirmed.
CHRISTLEY, P.J., and NADER, J., concur.
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