Kelley v. Horton

Citations

• 2025 Ohio 5252

Syllabus

EVIDENCE – RELEVANCE – HEARSAY – TIMELY – JURY INSTRUCTIONS – OBJECTION – CIV.R. 51(A) – WAIVER: Plaintiff's failure to timely raise a hearsay objection waived the objection to the evidence on that basis: plaintiff's hearsay objection was untimely where plaintiff initially objected based solely on relevance, only to renew the objection and assert a hearsay basis a day later after the witness was excused. Plaintiff's acquiescence to the agreed-upon remote- or intervening-cause jury instruction, paired with plaintiff's failure to object to defendants' remarks that allegedly improperly shifted blame for her injury onto the plaintiff, constituted a waiver of the jury-instruction issue: pursuant to Civ.R. 51(a), a waived defect in a jury instruction shall not be considered on appeal.