Jawary v. Underwood

Citations

• 2020 Ohio 1272

Syllabus

Motion for a new trial, Civ.R. 59(A)(2), juror misconduct, Civ.R. 59(A)(4), inadequate or excessive damages due to jury passion or prejudice, Civ.R. 59(A)(6), manifest weight of the evidence. The original trial court's summary denial of appellant's motion for a new trial in this personal injury action constitutes an abuse of discretion where the trial was conducted by a visiting judge and: (1) the trial court did not consider whether juror misconduct occurred under Civ.R. 59(A)(2) and, if so, whether appellant's substantial rights were affected (2) the damages award was inadequate and may have resulted from passion or prejudice due to the alleged juror misconduct under Civ.R. 59(A)(4) (3) the award of medical expenses only in spite of evidence of pain and suffering was against the manifest weight of the evidence under Civ.R. 59(A)(6) and (4) the record does not reflect that the trial court reviewed the transcript and evidence prior to ruling on the motion.