Trial Practice Cases: Jury Instructions/Interrogatories
(Court of Appeals)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Evidence supported trial court's jury instruction involving dual
causation in case involving 300 pound man who suffered knee problems
because medical testimony could lead jury to believe weight combined
with accident caused the injury.
Vote:
3-0
Opinion by:
Judge Boyle
Appellate District: 8
Trial
court erred in combining jury interrogatories on issues of whether
injury occurred in the course of employment, arose out of
employment and was proximately caused by the employment into one
interrogatory.
Vote: 3-0
Opinion by: Judge Wise
Appellate District: 5
Employer's
failure to object to jury instruction on causation in case where stress
caused a physical injury results in waiver of right to claim on appeal
that instruction was inaccurate or confusing.
Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8
Court
was not required to give jury specific instruction on natural
deterioration, jury instructions clearly indicated requirements for
compensability and left open the possibility of finding that injury was
due to non-compensable event (which included natural deterioration).
Vote: 3-0
Opinion by: Judge Wise
Appellate District: 5
Where there was no evidence that two or more causes combined to cause
condition, court is not required to provide jury instruction on dual
causation.
Vote: 3-0
Opinion by:
Judge Rocco
Appellate District: 8
Court properly presented jury with interrogatories which limited jury
to considering whether single incident caused injury where there was no
evidence before the jury which would have permitted it to find that
injury resulted from repetitive use.
Vote:
3-0
Opinion by:
Judge Dorrian
Appellate District: 10
Evidence
that depression was caused by disability resulting from allowed
condition was sufficient to support instruction on flow-through
injuries.
Vote: 3-0
Opinion by: Judge Shaw
Appellate District: 3
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