Frost v. Evenflo Co., Inc.

Citations

• 2023 Ohio 4561

Syllabus

Appellants claimed a defective crotch buckle in a child car seat caused the deaths of their two children following a car fire. The trial court properly granted summary judgment to the car seat manufacturer because there were no genuine issues of material fact concerning whether the alleged defect proximately caused the children's injuries and deaths. The trial court did not err in rejecting the affidavits of appellants' medical experts under the sham affidavit rule the affidavits contradicted or were inconsistent with the experts' former testimony, and the experts did not sufficiently explain the reasons for the contradictions. Furthermore, appellants' argument that expert testimony was not needed to demonstrate conscious pain and suffering was not well-taken the fact that injuries may be obvious in certain situations is not the same as proving that an opposing party's acts proximately caused those injuries. Finally, given the failure of their other arguments, appellants' challenge to the trial court's decision on their failure to warn claim is moot. Judgment affirmed.