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Wright v. Suzuki Motor Corp.6/27/2005
DECISION AND JUDGMENT ENTRY
{ } This is a consolidated appeal from a Meigs County Common Pleas Court judgment following a jury trial in a personal injury action arising out of single-vehicle motorcycle accident.
The jury returned verdicts in Crystal Wright's and her minor children's (Kristen Jacquard and Amber Jacquard) favor regarding:
(1) their negligence claims against Ackers, Inc. dba Ask Powersports, Mary Jo Ackers, Steve Wiseman, and Todd Coleman, the motorcycle dealership and the sellers of the motorcycle (the Ackers defendants); (2) their product liability claim against American Suzuki Motor Corporation and Suzuki Motor Corporation, the manufacturers of the motorcycle (the Suzuki defendants); and
(3) their negligence claim against Timothy H. Brown, the motorcycle driver. The jury awarded Wright $5,278,703 in compensatory damages and $1 million in punitive damages. The jury declined to award monetary damages for Wright's children's loss of consortium claims and declined to award them punitive damages. The jury determined that Wright was entitled to attorney fees, and after a hearing, the court awarded Wright $233,558 in attorney fees. The court denied Wright's claim for prejudgment interest.
{ } In Case No. 03CA2, the Ackers defendants raise the following assignments of error:
FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT FAILED TO EXCLUDE EXPERT TESTIMONY WHICH HAD NOT BEEN SUPPLEMENTED AS REQUIRED BY OHIO RULE OF CIVIL PROCEDURE 26(E)."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT FAILED TO DIRECT A VERDICT IN FAVOR OF ALL DEFENDANTS AT THE CLOSE OF PLAINTIFFS' CASE IN CHIEF."
THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT FAILED TO DIRECT A VERDICT IN FAVOR OF ALL DEFENDANT-APPELLANTS ON THE ISSUE OF PUNITIVE DAMAGES AT THE CLOSE OF PLAINTIFF'S OPENING STATEMENT."
FOURTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT FAILED TO DIRECT A VERDICT AS TO DEFENDANT'S ACKERS, INC., ASK POWERSPORTS, AND STEVE WISEMAN ON THE ISSUE OF PUNITIVE DAMAGES AT THE CLOSE OF PLAINTIFFS' CASE IN CHIEF."
FIFTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT FAILED TO GRANT DEFENDANT-APPELLANTS' MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND, IN THE ALTERNATIVE, A NEW TRIAL, BASED ON THE MULTIPLE ERRORS OF LAW COMMITTED BY THE TRIAL COURT THROUGHOUT THESE PROCEEDINGS AND GIVEN THE FACT THAT THE JURY'S VERDICT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."
SIXTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN AWARDING ATTORNEY FEES GIVEN THE ABSENCE OF A BASIS FOR PUNITIVE DAMAGES."
SEVENTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANTS WHEN IT STRUCK THE AFFIDAVIT OF PAUL ACKERS."
{ } In Case No. 03CA3, Crystal Wright, plaintiff below, raises the following assignments of error:
FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN GRANTING THE MOTION FOR DIRECTED VERDICT MADE DURING TRIAL IN FAVOR OF DEFENDANTS MARY JO ACKERS AND TODD COLEMAN ON THE CLAIM FOR PUNITIVE DAMAGES."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN DENYING PLAINTIFF'S MOTION FOR PREJUDGMENT INTEREST."
{ } In Case No. 03CA4, Larry Wright, as guardian for Kristen Jacquard and Amber Jacquard, plaint
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