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Starinchak v. Sapp6/2/2005
{ } Plaintiffs-appellants, Andrew E. Starinchak and Elaine Starinchak, on behalf of herself and the estate of Andrew J. Starinchak, appeal from the judgment of the Franklin County Court of Common Pleas in favor of defendant-appellee, James O. Sapp. For the following reasons, we affirm.
{ } Sometime in the evening of August 1, 1998, a motor vehicle struck and killed Andrew J. Starinchak, the Starinchaks' 31-year-old son, as he bicycled along Central College Road in Westerville, Ohio. Andrew's body was found the next morning lying in a ditch alongside the road. Near his mangled bicycle, police investigators found two white, molded fiberglass pieces that were broken off from a passenger-side ground effects piece that would have been attached to a Chevrolet Astro or a GMC Safari. Despite media coverage of the hit-and-run and the police investigation, no one was ever arrested or charged for Andrew's death. However, as a result of their own investigation, the Starinchaks believed Sapp was the driver of the vehicle and, on December 8, 2002, they filed an action against him for wrongful death.
{ } At trial, Terry Wassmuth, a detective with the Franklin County Sheriff's Department, and David McMannis, a deputy sheriff with the Franklin County Sheriff's Department, testified that they responded to the scene of a hit-and-run on the morning of August 2, 1998. Detective Wassmuth testified that they found Andrew's body, his bicycle and the ground effects pieces in the ditch on the north side of Central College Road. On the edge of the road east of the bicycle, the police investigators found bicycle tire skid marks. Based on the damage to the bicycle and the skid marks, the police investigators determined that Andrew was hit from behind by a vehicle driving west; the same direction as he was bicycling.
{ } Within days, the police investigators ascertained that the molded fiberglass pieces in their custody were from a ground effects piece manufactured by the Glavel Corporation ("Glavel"). Glavel designed, built and installed such pieces as part of the process of converting basic van models into more luxurious vans, i.e., conversion vans. A ground effects piece is a long, flat piece of fiberglass that runs from the back edge of the front wheel well, along the bottom of the rocker panel and to the front edge of the back wheel well. Ground effects pieces are installed by fitting the piece to the van, randomly drilling six to ten holes into the piece and through the sides of the wheel wells and the bottom of the rocker panel, and then attaching screws.
{ } The ground effects pieces in police custody fit only 1985-1994 Chevrolet Astro and GMC Safari models. The police investigators requested and received from Glavel a list of 1990-1994 Chevrolet Astros and GMC Safaris that Glavel had sold to dealerships in Ohio. The police investigators then began visiting the owners of the vans to determine if each van was damaged or recently repaired.
{ } Additionally, working from the Yellow Pages, the police investigators contacted body shops in northeastern Franklin County asking if anyone had recently sought to repair a white Chevrolet Astro or GMC Safari with damage to the hood, windshield, front bumper and/or passenger side. The police investigators also issued a notice to all local police agencies to contact the Franklin County Sheriff's Office with any information regarding a white Chevrolet Astro or GMC Safari with damage to its front and/or passenger side.
{ } Deputy Sheriff McMannis testified that, on the evening of August 5, 1998, he spotted a conversion van with Glavel ground effects pieces while he was driving with his daughter. McMannis examined the v
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