Paganini v. Cataract Eye Ctr. of Cleveland

Citations

• 2025 Ohio 275

Syllabus

Jury interrogatories; inconsistent; waiver; reconcilable; noneconomic damages; unconstitutional; as applied; due course of law. Trial court properly denied appellants' motion for Judgment Notwithstanding the Verdict (\JNOV\) or for a new trial because they failed to object to alleged inconsistency between special jury interrogatories and the general verdict and because the inconsistency was easily reconcilable. Trial court's finding that cap on noneconomic damages provided in R.C. 2323.42(A)(3) is unconstitutional as applied to appellee was proper because the cap on damages arbitrarily and unreasonably deprived appellee of his due-course-of-law rights guaranteed by the Ohio Constitution.