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Van Scyoc v. Huba11/30/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Plaintiff-Appellant Connie Van Scyoc has appealed from a judgment of the Summit County Court of Common Pleas that found in her favor on the issue of causation against Defendant-Appellee Katrina Huba but awarded no damages. This Court affirms.
I.
{ } On November 15, 2002, Appellant initiated a personal injury action against Appellee stemming from a motor vehicle accident on November 17, 2000. Appellant voluntarily dismissed her complaint without prejudice on March 31, 2003 and timely re-filed on March 18, 2004. The complaint alleged that on the date of the accident, Appellee had negligently collided with Appellant's vehicle, thereby causing personal injury.
{ } Prior to the commencement of trial, Appellee admitted fault for the accident. On February 8, 2005, Appellant filed her proposed jury instructions. Included in her proposal was an instruction stating that an injury may have more than one proximate cause. On February 10, 2005 a jury trial commenced on the issues of proximate cause and damages. The jury returned a verdict February 14, 2005 in favor of Appellant, but awarded zero dollars in damages. On February 25, 2005, Appellant filed a motion for a new trial. The trial court denied the motion by judgment order on March 23, 2005.
{ } Appellant has timely appealed the judgment of the trial court, asserting one assignment of error.
II.
Assignment of Error Number One
"THE TRIAL COURT ERRED TO THE PREJUDICE OF PLAINTIFF-APPELLANT BY FAILING TO INSTRUCT THE JURY THAT HER INJURIES COULD HAVE MORE THAN ONE PROXIMATE CAUSE WHEN WITHIN A THIRTY DAY TIME PERIOD APPELLANT HAD A WORKPLACE ACCIDENT AND WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT AND THE UNREBUTTED MEDICAL EXPERT TESTIMONY AT TRIAL WAS THAT A SUBSEQUENT MOTOR VEHICLE ACCIDENT CAUSED A NEW SHOULDER INJURY, CONTRIBUTED TO APPELLANT'S NECK INJURIES, AND AGGRAVATED HER LOWER BACK CONDITION."
{ } In her sole assignment of error, Appellant has argued that the trial court erred by failing to instruct the jury that her injuries could have more than one proximate cause. Specifically, Appellant has argued that the trial court was obligated to give the instruction because under Ohio law there may be more than one proximate cause of an injury. We disagree with Appellant's position in relation to the facts of this case.
{ } We begin by noting that the giving of jury instructions is within the sound discretion of the trial court. State v. Brady, 9th Dist. No. 22034, 2005-Ohio-593, at , citing State v. Hipkins (1982), 69 Ohio St.2d 80, 82. We review such a decision under an abuse of discretion standard. State v. Clay, 9th Dist. No. 04CA0033-M, 2005-Ohio-6, at . An abuse of discretion connotes more than an error of law or judgment; it implies an attitude on the part of the court that is unreasonable, arbitrary or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219. Therefore, the decision of the trial court will not be disturbed on review unless the trial court acted unreasonably, arbitrarily or unconscionably. Brady at .
{ } This Court has held that " n order to demonstrate reversible error with respect to a trial court's refusal to give a proposed instruction, an appellant must demonstrate that, first, the trial court abused its discretion by failing to give the requested instruction, and second, that the appellant was prejudiced as a result." Carpenter v. Wellman Products Group, 9th Dist. No. 03CA0032-M, 2003-Ohio-7169, at , c
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