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Van Scyoc v. Huba11/30/2005
which also couches both proximate causes in terms of negligence. We have held that " equested instructions should be given if they are correct statements of the law applicable to the facts in the case[.]" Fisher at . In the instant case, the trial court ruled that the charge was not proper because the prior incident to which Appellant referred was one of worker's compensation, not necessarily a negligent cause. This Court finds no fault in the trial court's reasoning. Therefore, Appellant's proposed jury instruction was not "applicable to the facts of the case" and the trial court did not act unreasonably, arbitrarily or unconscionably when it refused to include the instruction in the jury charge.
{ } Appellant has also argued that Ohio case law indicates a dual causation instruction should be given when two "incidents" act together to cause harm, regardless of the existence of negligence or a negligent tortfeasor for both incidents. We have found the cases cited by Appellant to be accurate on this point. "In Ohio, when two factors combine to produce damage or illness, each is a proximate cause." Murphy v. Carrollton Mfg. Co.61 Ohio St.3d 585, 588, quoting Norris v. Babcock & Wilcox Co. (1988), 48 Ohio App.3d 66, 67.
{ } However, had Appellant wanted an instruction stating that multiple proximate causes could exist when two factors or incidents combined to produce damage or illness, she could have submitted one. As it stands, Appellant proffered an instruction which clearly introduced negligence for both incidents into the equation, and because the first incident was not necessarily negligence, the instruction, as it was offered, was inapplicable to facts of the case.
{ } Based on the foregoing, Appellant's sole assignment of error is without merit.
III.
{ } Appellant's sole assignment of error is overruled. The judgment of the trial court is affirmed.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Costs taxed to Appellant.
Exceptions.
BETH WHITMORE
SLABY, P. J. CARR, J. CONCUR
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