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Hiner v. Nationwide Mutual Insurance Co.12/13/2005
have occurred. Cause occurs when harm, physical harm, injury, damages is the natural and foreseeable result of the act or failure to act.
{ } "There may be more than one proximate cause. When the negligent act or failure to act of one party continues and combines with and joins - - and/or joins the negligence of another to produce the injury , damage - - or damage, the negligence of each or both is a cause. It is not necessary that the negligence of each occur at the same time, place nor that there be a common purpose or action." Transcript at 248-249. When asked, appellant's counsel indicated to the trial court that the proximate cause instruction that was given was sufficient.
{ } We find that, once advised of its omission, the trial court correctly defined proximate cause for the jury. We cannot say that, as a whole, the jury instructions were confusing or that there has been a miscarriage of justice.
{ } Appellant's third assignment of error is, therefore, overruled.
{ } Accordingly, the judgment of the Stark County Court of Common Pleas is affirmed.
By: Edwards, J. Boggins, P.J. and Hoffman, J. concur
JUDGMENT ENTRY
For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Stark County Court of Common Pleas is affirmed. Costs assessed to appellant.
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