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Breining v. Trimble12/13/1995
PAINTER, Judge.
On October 14, 1991, plaintiff Thomas Breining was installing two-foot-by-two-foot circuit breakers in an elevated substation with Ottis Carpenter and Tim Leugering for defendant Mayers Electric Company ("Mayers") at the General Electric Aircraft Engines Plant in Cincinnati, Ohio. After the three men hauled up a circuit breaker to the substation floor, Carpenter and Leugering diverted their attention from Breining. Breining alleged that he next stepped back and to the side, became entangled in some tools, stumbled, then fell forward and struck his head on the circuit breaker. Carpenter and Leugering did not hear or see anything unusual as they let the hoisting chain fall back down from the substation, until they noticed Breining leaning over the circuit breaker, exhibiting seizure activity as he began to fall. Carpenter caught Breining before he fell, and lowered him to the substation floor.
Breining was taken by ambulance to Bethesda Hospital, where he was diagnosed as having a grand mal seizure. Breining filed a workers' compensation claim against Mayers, alleging that he suffered compensable injuries of laceration above the left eye, concussion and seizure disorder. This claim was allowed for the laceration, but denied for the concussion and seizure disorder by the Industrial Commission. Breining brought an action against Mayers and the Bureau of Workers' Compensation ("BWC"). Following a four-day trial, the jury found that Breining sustained the conditions of concussion and seizure disorder in the course of his employment with Mayers and should be allowed to participate in the Workers' Compensation Fund.
Mayers and BWC moved for a judgment notwithstanding the verdict, or, in the alternative, for a new trial. The trial court denied these motions. Mayers and BWC appealed the judgment and Breining cross-appealed.
Mayers and BWC assert three assignments of error, alleging that the trial court erred by (1) failing to grant their motion for a directed verdict; (2) improperly admitting stricken portions of the testimony of James Anthony, M.D.; and (3) admonishing the jurors to come to a verdict and informing them of settlement discussions between the parties.
In his sole assignment of error on cross-appeal, Breining argues that the trial court erred by excluding the portion of his expert witness's videotaped testimony regarding proximate cause.
We will address these assignments in the order that makes sequential sense: the assignment on cross-appeal, the second assignment on appeal, the first assignment on appeal and, finally, the third assignment on appeal.
In the sole assignment of error on cross-appeal, Breining argues that the trial court abused its discretion by excluding the video testimony of Dr. James Anthony regarding the proximate cause of the injuries. The testimony was excluded on the sole basis that it was given in response to a leading question.
A trial court's ruling that certain evidence will be admitted or excluded from trial will not be reversed absent a showing of a clear and prejudicial abuse of discretion. O'Brien v. Angley (1980), 63 Ohio St.2d 159, 17 O.O.3d 98, 407 N.E.2d 490. An abuse of discretion involves more than an error in judgment; it implies that the court's attitude was unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 5 OBR 481, 450 N.E.2d 1140.
In this case, the trial court excluded testimony from a video deposition crucial to demonstrating proximate causation based on nonspecific objections made by BWC's counsel. At trial, the court sustained the objections solely on the basis
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