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Mayse v. Conrad2/21/2001
CHARACTER OF PROCEEDINGS: Administrative Appeal from Common Pleas Court.
JUDGMENT: Judgment Affirmed.
The plaintiff-appellant, Bessie S. Mayse ("the appellant"), appeals from a judgment of the Union County Court of Common Pleas entered on a jury verdict finding that she was not entitled to participate in Ohio's workers' compensation fund. For the following reasons, we affirm the judgment of the trial court.
The procedural history and facts of the case are as follows. The appellant was employed as a security guard with Acrux Investigative Agency ("Acrux"), a provider of security services. The appellant had been assigned by Acrux to provide security services to the Honda of America plant, located in Marysville, Ohio. The appellant's core duties at the plant consisted of escorting visitors, performing safety checks, and ensuring that the doors of the facility were locked and secured.
During the afternoon shift on November 13, 1995, the appellant was performing a routine "walk-around" when she was asked by fellow security officer and receptionist, Ruth Ann Wilson, who was located at the front desk, to prepare a bag of popcorn. The appellant obliged. According to the appellant, while attempting to prepare the bag of popcorn she received an intense electrical shock. The appellant was eventually taken to the hospital emergency room for treatment.
In April 1995, the appellant filed a workers' compensation claim with the defendant-appellee, Bureau of Workers' Compensation, for injuries she allegedly sustained as a result of the accident. At the conclusion of the administrative proceedings, the Bureau denied her claim for participation in the workers' compensation fund. The appellant subsequently filed a notice of appeal and complaint in the Union County Court of Common Pleas. However, on April 18, 1997, the appellant voluntarily dismissed her claim pursuant to Civ.R. 41(A).
On April 9, 1998, the appellant filed a new complaint in the Union County Court of Common Pleas. The matter proceeded to a jury trial on April 12, 1999. At the conclusion of the appellant's case-in-chief, the Bureau requested a motion for a directed verdict pursuant to Civ.R. 50(A). The trial judge granted the Bureau's motion. On appeal, this Court reversed the decision of the trial court. See Mayse v. Conrad (Oct. 8, 1999), Union App. No. 14-99-18, unreported. The trial judge in the original matter recused himself from further proceedings. The case was thereafter referred to a visiting judge for trial.
A new jury trial ensued during which both parties presented evidence, including testimony from lay and expert witnesses. At the conclusion of the evidence and following deliberations, the jury returned a verdict in favor of the Bureau of Workers' Compensation. The trial court subsequently entered judgment on the verdict in the Bureau's favor. Consequently, the appellant filed a separate motion for a judgment notwithstanding the verdict, which the trial court subsequently overruled. The trial court also had previously denied the appellant's motion for a directed verdict which was made during the course of the trial.
The appellant now appeals, asserting three assignments of error for our review. For purposes of clarity, we will address the appellant's second assignment of error first.
Assignment of Error No. II
The jury's verdict is against the manifest weight of the evidence.
In her second assignment of error, the appellant maintains that the jury verdict finding that she did not receive an "injury" in the course of and arising out of her employment was against the manifest weight of the evidence.
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