Couch v. Dayton Pain Ctr., L.L.C.

Citations

• 2021 Ohio 1428

Syllabus

The trial court did not abuse its discretion by refusing to admit deposition testimony offered by a physician related to the standard of care applicable to the treatment provided to appellant by appellees. Although the physician was qualified to offer certain expert opinions, the record did not establish his qualification for purposes of Evid.R. 601(E) to testify about the standard of care. Furthermore, even if the trial court erred by refusing to admit the testimony, any such error was harmless because the standard of care was not at issue. In addition, the trial court did not err by informing the jury that one of the appellees would be absent from trial as the result of a medical necessity. The trial court instructed the jury that it should not allow sympathy to influence its deliberations, and the jury is presumed to have followed the trial court's instructions. Judgment affirmed.