Maiorana v. Walt Disney Co.

Citations

• 182 N.E.3d 521
• 2021 Ohio 4530

Syllabus

The trial court did not err in finding that the Maioranas' claims were not barred by the expiration of the statute of limitations as their motion complied with the requirements of Civ.R. 15(C). The trial court did not err in finding that Mr. Maiorana had not assumed the risk of injury because he was on the sideline of the field during a football game as it was not a foreseeable or customary risk of his profession for the camera cart operator to fail to signal or identify if anyone was in his line of travel. The trial court did not abuse its discretion in refusing to allow jury instructions or interrogatories as to apportioning fault to non-parties. The trial court did not abuse its discretion permitting the use of an exhibit produced after the discovery deadline and permitting the jury to resolve the amount of lost wages. The trial court did not err in awarding video deposition and transcript expenses as costs. The trial court did not abuse its discretion in denying the Maioranas' motion for prejudgment interest without first allowing them an opportunity to conduct discovery.