 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Darden v. Cooper Power Tools9/30/2004
Rendered on the 30th day of September, 2004.
{ } Defendant-Appellant, Cooper Power Tools, Inc. (hereinafter "Cooper"), is appealing a decision of the Montgomery County Court of Common Pleas denying its motion for summary judgment and a subsequent decision by the trial court granting Plaintiff-Appellee Michelle Y. Darden's motion in limine regarding the admissibility of expert testimony at trial.
{ } Darden began working for Apex Tool Company, a division of Cooper, sometime in the mid-1980's. Her occupation there required repetitious use of her hands and wrists. On March 8, 1996, Darden reported difficulties with her right hand to Cooper. At that time, she completed the required C-50 application form for injury claims. Darden described her physical complaints as "Performing repetitive using of right hand from tightening/loosing {sic} of bolts on Brown and Sharp Machine causing pain and tingling right and numbness of fingers and wrist periodicly {sic} shooting pain in lower arm." Additionally, on the form Darden stated that the problem was "(R) forearm tendinitis, possible CTS [Carpal Tunnel Syndrome]."
{ } The Industrial Commission ("Commission") determined that Darden did suffer from tendinitis and the claim was certified on July 22, 1996. Darden apparently continued to experience symptoms of carpal tunnel syndrome. On June 14, 2001 she filed form C-86, the proper vehicle within the Industrial Commission to amend an earlier claim, requesting that the Commission amend the claim to include bilateral carpal tunnel syndrome. The Commission denied that amendment; Darden appealed that decision to the Montgomery County Court of Common Pleas.
{ } On January 21, 2003, Cooper filed a motion for summary judgment based upon the "injury" versus "occupational disease" distinction. Cooper asserted that Darden's original injury complaint could not be converted into an occupational disease complaint. The trial court denied the motion for summary judgment.
{ } The case proceeded to trial. At trial, Darden filed a motion in limine to have the trial court exclude testimony from Dr. David Randolph, M.D. Cooper proffered the content of Dr. Randolph's deposition testimony on September 24, 2003. Cooper indicated that Dr. Randolph's focus was upon Darden's alcohol abuse and its causation of her carpal tunnel syndrome. Darden's motion in limine sought to exclude any testimony surrounding the alcohol abuse. The trial court granted the motion in limine.
{ } On September 26, 2003, the jury returned a verdict in favor of Darden. That same day, the trial court entered a judgment allowing Darden to participate in the workers' compensation system for the condition of "bilateral carpal tunnel syndrome."
{ } Cooper now appeals the rulings on the motion for summary judgment and the motion in limine, asserting two assignments of error.
{ } Cooper's first assignment of error:
{ } "The trial court erred when it overruled Cooper's motion for summary judgment, and allowed Darden to allege and offer evidence of an occupational disease on appeal to court, in a workers' compensation claim filed by Darden as an injury claim."
{ } In its first assignment of error, Cooper contends that the trial court erred in denying its motion for summary judgment on the basis that Darden attempted to amend her initial claim from an "injury" to an "occupational disease."
{ } Preliminarily, we note that when reviewing a trial court's grant of summary judgment, an appellate court conducts a de novo review. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105, 671 N.E.2d 241, 1996-Ohio-336. "De novo review means that this
Page 1 2 3 4 5 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|