Myers v. Ohio Dept. of Rehab. & Corr.

Citations

• 2022 Ohio 1412

Syllabus

Trial court did not abuse its discretion in granting appellee's motion for partial relief from judgment pursuant to Civ.R. 60(B)(5) where the record showed that comments made by the magistrate during trial, caused appellee, an inmate acting pro se, to release all of his subpoenaed medical witnesses and to limit his own testimony to the issue of liability. The unusual and extraordinary circumstances that arose during the bench trial before the magistrate resulted in an award of only $1,000 in damages to appellee for injuries he sustained when he was assaulted by his cell mate due to appellant's negligence. Judgment affirmed.