Flanery v. Strong

State: Ohio

Docket No: 2000-Ohio-1943

Case Date: 11/30/2000

Plaintiff: Flanery

Defendant: Strong

Preview:IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
JACKSON COUNTY

BERETTA FLANERY, : Case No. 00CA010

:

:

Plaintiff-Appellant, : DECISION AND

: JUDGMENT ENTRY
vs. :

:

: Released 11/30/00
SHIRLEY MAE STRONG, :

:

Defendant-Appellee. :

:

APPEARANCES:

Kevin O'Brien, Kevin O'Brien & Associates Co., L.P.A.,
Columbus, Ohio, for Appellant.

Lorene G. Johnston, Wellston, Ohio, for Appellee.

Harsha, J.

This is an appeal from a judgment entry of the Jackson
County Court of Common Pleas denying the appellant's motion
for additur, or in the alternative a new trial on the issue
of damages awarded following a jury verdict.

In 1995, the appellant was working in a field in
Jackson County, Ohio, when the appellee discharged a shotgun
in the direction of the appellant, striking her in the face
with a pellet. The appellant was privately transported to
the emergency room at Adena Hospital in Chillicothe, Ohio,
where she was diagnosed with a superficial puncture wound to
the left cheek. An emergency room physician treated the

appellant. A shotgun pellet was manually removed from the
appellant's left cheek. Her wound was cleaned with Betadine
and covered with a Band-Aid. The appellant did not require
any follow-up treatment after being released.

The appellant filed a complaint for damages based on
negligence and infliction of mental distress. The trial
court ultimately granted summary judgment on the issue of
liability only and scheduled a trial on the issue of
damages.

The case was tried to a jury, which returned a verdict
in favor of the appellant for $329.71, almost the exact
amount of the appellant's emergency room medical bills.
After the trial court entered a judgment in favor of the
appellant in that amount, the appellant filed a motion for
additur or in the alternative a new trial on the issue of
damages. In her motion, the appellant argued that the
jury

Download 2000-ohio-1943.pdf