Parsons v. Kelley, Unpublished Decision (8-23-1999)
Parsons v. Kelley, Unpublished Decision (8-23-1999)
Opinion of the Court
OPINION
Appellants Linda Parsons and Michael Parsons appeal the decision of the Delaware County Court of Common Pleas, which awarded medical expenses to Linda Parsons following a jury trial on their personal injury claims against Appellee Candace Kelley. On March 20, 1996, a late-winter weather front created icy road conditions in parts of Ohio. Late that evening, both appellants closed up the pizza shop they operated together and proceeded to the Kroger grocery store at a shopping plaza on U.S. Route 23. Appellant Michael Parsons drove their vehicle. Appellee likewise decided to make a brief stop at the same store. As appellants waited at the red light at the end of the parking lot's exit drive, following their departure from the store, appellee approached from the rear and began sliding on the ice after applying her brakes. Appellee's 1987 Cadillac then struck appellants' 1985 Oldsmobile Delta 88 in the rear. Visible damage to the vehicles was minimal. All three parties stood outside the cars while insurance information was exchanged. The police were not summoned to the scene. Appellant Michael testified at trial that by the next day he began experiencing pain and swelling in his left foot, which he stated was resting under the brake pedal and essentially became pinched between the pedal and floor as he compressed the pedal with his right foot to avoid having the Oldsmobile pushed into traffic. Appellant Linda also testified to experiencing discomfort by the next day, in her case pain in her back and leg. Each appellant eventually sought medical treatment. Michael obtained the services of Dr. Alex Kushkin, a podiatrist, while Linda sought care from Dr. David Mauk, a chiropractor. Appellants' medical expenses from these providers ultimately totaled $843 and $2,290, respectively. Appellants filed suit against appellee on November 5, 1997. The matter proceeded to jury trial on September 3, 1998. At the close of evidence, appellants moved for a directed verdict on the issue of medical expenses, which the trial court denied. The jury found in favor of appellee regarding Michael's claims, but found in favor of Linda on her claim of $2,290 for medical expenses. In responding to interrogatories, the jury found that Linda was entitled to no further damages. Appellants timely appealed and herein raise the following two Assignments of Error:I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT DENIED PLAINTIFFS-APPELLANTS' MOTION FOR DIRECTED VERDICT ON THE ISSUE OF THEIR MEDICAL EXPENSES.
II. A PERSON CLAIMING DAMAGES AS A RESULT OF INJURIOUS CONDUCT IS ENTITLED TO A NEW TRIAL WHEN A JURY FAILS TO CONSIDER AND MAKE AN AWARD FOR ALL DAMAGES WHICH THE EVIDENCE CLEARLY SUPPORTS. I.
Appellants contend, in their First Assignment of Error, that the trial court erred in denying a directed verdict on the issue of medical expenses. We disagree. We first address the issue of Linda's expenses. The record reflects that the jury awarded Linda the sum of $2,290 in medical expenses, which represented the full amount claimed. Therefore, this assignment of error is moot in regard to her. We thus turn to the issue of Michael's expenses. Civ.R. 50(4) addresses a directed verdict when granted on the evidence and provides: When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue.
A trial court does not weigh the evidence nor question the credibility of witnesses when considering a motion for directed verdict. Ruta v. Breckenridge-Remy Co. (1982),
Q. Your right foot was on the brake, but your left foot was under the brake?
A. Right.
Q. Is that typically how you drive your car, with your left foot under the brake?
A. Yeah, when I want to stretch my legs out.
Q. Stretch your legs out?
A. Yeah, I've got long legs. When you get into a car, when I get into a car, I like to stretch my legs out.
Q. Just when you first get in, you mean?
A. No, normally, that's how I drive.
Q. You needed to stretch your legs from the parking spot?
A. I like to get comfortable.
Tr. at 66-67.
As explained in Werth v. Davies (1997),
* * * [A] defendant is not obligated to put on testimony about the cause of an injury or to provide an alternative theory about causation. Defendants can avoid a directed verdict on this subject through cross-examination, presentation of contrary evidence that the negligence was not the probable cause of the injury, or presenting evidence of alternative causes of the injury. Stinson v. England (1994),
69 Ohio St.3d 451 ,456-457 ,633 N.E.2d 532 ,538 . Id. at 569. (Emphasis added).
We therefore find no error in the denial of appellants' motion for directed verdict on the issue of medical expenses. Appellants' First Assignment of Error is overruled.
The record in the case sub judice does not reveal an attempt by appellants to object to the asserted inconsistencies in the verdict at the trial court level. We therefore give no further consideration to this line of argument. Turning to the manifest-weight portion of appellants' position, it has long been held that the weight to be given evidence and the credibility of witnesses are primarily for the trier of fact. State v. DeHass (1967),
For the reasons stated in the foregoing, the decision of the Court of Common Pleas, Delaware County, Ohio, is affirmed.
By: Wise, P.J. Gwin, J., and Hoffman, J., concur.
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