Clark v. Durrani
Citations
- 2025 Ohio 3096
Syllabus
CIV.R. 50(B) — JUDGMENT NOTWITHSTANDING THE VERDICT — CIV.R. 59(A) — MOTION FOR NEW TRIAL — COMPARATIVE NEGLIGENCE — ABSENT-DEFENDANT INSTRUCTION — EVID.R. 601(B)(5)(b) — EXPERT WITNESS —PAST MEDICAL EXPENSES — CIV.R. 17(A) —REAL PARTY IN INTEREST — CIV.R. 19(A) — JOINDER: In a medical-malpractice case, the trial court did not err by denying defendants' motions for judgment notwithstanding the verdict pursuant to Civ.R. 50(B) where the evidence showed that reasonable minds could not conclude in defendants' favor, and the weight of the evidence was not contrary to the judgment and no reason for good cause to grant the motions was shown. The trial court did not abuse its discretion by rejecting defendants' request for a comparative-negligence instruction where there was no evidence to support giving the instruction. The trial court did not err a matter of law in giving its instruction on defendant doctor's absence at trial as the trial court informed the jury that any inferences it drew from defendant doctor's absence were permissive, not required; further, the fact that the jury found for defendants on some claims, and the instructions were tested by interrogatories, demonstrated the trial court's instruction did not affect the jury's verdict. The trial court did not abuse its discretion by permitting plaintiffs' doctor-witness to testify as an expert where Evid.R. 601(B)(5)(b), as amended in July 2023, applied. The trial court did not abuse its discretion by granting plaintiff's motion for past medical expenses where the plaintiff's health insurer had a subrogation agreement under which the insurer would collect the medical expenses it paid on plaintiff's behalf from plaintiff's damages. The trial court did not err by denying defendants' motion in the alternative for a new trial pursuant to Civ.R. 59(A).
Judges: Moore
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2 cases in this archive cite this case.
Cites
16 cases in this archive are cited by this case.
- Johnson v. Abdullah (Slip Opinion)Ohio Supreme Court· 2021-09-22· cited 666×
- Murphy v. Carrollton Manufacturing Co.Ohio Supreme Court· 1991-08-28· cited 427×
- Cromer v. Children's Hosp. Med. Ctr. of Akron (Slip Opinion)Ohio Supreme Court· 2015-01-27· cited 135×
- Shealy v. CampbellOhio Supreme Court· 1985-11-13· cited 117×
- Brinkmoeller v. WilsonOhio Supreme Court· 1975-03-26· cited 70×
- Fontain v. SandhuOhio Court of Appeals· 2021-08-11· cited 24×
- Bender v. DurraniOhio Court of Appeals· 2024-04-03· cited 19×
- Viox v. WeinbergOhio Court of Appeals· 2006-09-29· cited 17×
- Jones v. DurraniOhio Court of Appeals· 2024-05-10· cited 12×
- Courtney v. DurraniOhio Court of Appeals· 2025-07-02· cited 10×
- Silveous v. RenschOhio Supreme Court· 1969-12-03· cited 9×
- Alonso v. ThomasOhio Court of Appeals· 2021-02-08· cited 8×
- Ravenscraft v. DurraniOhio Court of Appeals· 2025-08-15· cited 8×
- Sanders v. FriddOhio Court of Appeals· 2013-09-30· cited 7×
- Berardo v. Felderman-SwearingenOhio Court of Appeals· 2020-08-31· cited 5×
- Niehaus v. DurraniOhio Court of Appeals· 2023-12-29· cited 4×
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