Willis v. Road King Trucking, L.L.C.

Citations

• 2024 Ohio 5921

Syllabus

The trial court did not err in giving the contributory negligence instruction because it did not mislead the jury in a manner affecting the complaining party's substantial rights. Further, appellant's alleged error that the trial court erred in allowing the use of the deposition transcript of non-party Velazquez to refresh his recollection has been waived because appellant did not object to the use of the deposition on this basis in the trial court. Next, the trial court did not err by permitting appellant to be impeached through the use of traffic tickets issued for speeding because the probative value of same was not outweighed by the prejudice upon the jury. The speeding tickets were relevant to the issue of appellant's damages because they related to whether or not appellant has anxiety while driving as a result of the accident. Neither did the trial court err by excluding portions of Patricia Bacon, D.O.'s trial testimony. Finally, the doctrine of cumulative error is not applicable in this case. The doctrine is rarely applied in civil cases in the first instance, and in this case there has been no error, so there can likewise be no cumulative error. Judgment affirmed.