Trial Practice Cases: Jury Instructions / Interrogatories (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Jury Instructions / Interrogatories

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Demore v. Cuyahoga County (7/13/17)

Civil rules require use of general verdict, therefore trial court improperly entered judgment based solely on jury’s responses to interrogatories.

Vote: 2-0, 1 concurs with separate opinion
Opinion by: Judge Mays
Appellate District:
 8

Halenar v. Ameritech-Ohio SBC/Ameritech (4/28/11)

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

Haney v. Zimmer Orthopaedic Surgical Products (8/16/05)

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

Henry v. Lincoln Elec. Holdings, Inc. (7/10/08)

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

Herron v. Baker Hi-Way Express (12/8/04)

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

Lloyd v. Cleveland Clinic Found. (2/24/11)

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

Reichard v. RJ Wheels, Inc. (3/31/11)

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

Sturm v. Toledo (7/19/13)

Jury instructions properly set forth statutory requirements for substantial aggravation claim.

Vote: 3-0
Opinion by: Judge Yarbrough
Appellate District: 6

Wasinski v. PECO II, Inc. (6/8/09)

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