Berardo v. Felderman-Swearingen

Citations

• 2020 Ohio 4271

Syllabus

CLOSING ARGUMENT – NEW TRIAL – CIV.R. 59 – DAMAGES: Defense counsel's suggestion in closing argument of potential amounts for pain-and-suffering awards for plaintiffs did not constitute judicial admissions because there was no indication that the remarks were intended to waive plaintiffs' burden of proof with respect to damages. The trial court did not abuse its discretion by denying plaintiffs' motion for a new trial under Civ.R. 59(A)(4) where plaintiffs argued only that the jury's award was inadequate and failed to point to anything in the record, or even argue, that the jury's award was the product of either passion or prejudice. Where there was uncontroverted evidence that plaintiff experienced pain and suffering as a result of injuries sustained in an accident, the jury's award of medical expenses without any award for past pain and suffering was against the manifest weight of the evidence and the trial court abused its discretion in denying plaintiff's motion for a new trial for inadequate damages under Civ.R. 59(A)(6).