Whittington v. Wal-Mart Stores, Inc., Unpublished Decision (12-11-2003)
Whittington v. Wal-Mart Stores, Inc., Unpublished Decision (12-11-2003)
Opinion of the Court
{¶ 2} On November 13, 2001, appellant filed a pro se complaint against appellee, alleging he had been injured while shopping in the pet supplies area of the Coshocton Wal-Mart store on August 1, 2001. The complaint stated that eight dog food bowls fell from a shelf and struck appellant in the neck and shoulder. The matter proceeded to a jury trial on July 1, 2003. At the close of appellant's evidence, appellee moved for a directed verdict, which the trial court granted. Appellant thereafter filed a notice of appeal.
{¶ 3} Appellant's brief and supplemental brief fail to set forth adequate assignments of error as required by App.R. 16(A)(3). However, in the interest of justice, we glean the following Assignment of Error from the brief (see Helfrich v. City of Pataskala Planning Zoning (Feb. 22, 2001), Licking App. No. 00CA82):
{¶ 4} "I. The trial court erred in granting a directed verdict in favor of appellee Wal-Mart Stores, Inc."
{¶ 6} However, a review of the file in the case sub judice reveals that appellant has failed to provide us with a transcript of the relevant trial court proceedings pursuant to App.R. 9(B) and App.R. 10(A). Therefore, this Court has no choice but to presume the validity of the lower court's proceedings, and affirm. See Knapp v. Edwards Laboratories
(1980),
{¶ 7} Accordingly, appellant's Assignment of Error is overruled.
{¶ 8} For the reasons stated in the foregoing opinion, the judgment of the Court of Common Pleas, Coshocton County, Ohio, is hereby affirmed.
Wise, J. Gwin, P.J., and Boggins, J., concur.
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