WIGHTMAN ET AL., APPELLANTS AND CROSS-APPELLEES,
v.
CONSOLIDATED RAIL CORPORATION, APPELLEE AND CROSS-APPELLANT.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted November 10, 1998.
Decided September 15, 1999.
Attorney(s) appearing for the Case
Murray & Murray Co., L.P.A., Thomas J. Murray and Mary O'Neill, for appellant and cross-appellee Darlene M. Wightman.
Cavitch, Familo, Durkin & Frutkin, Harvey L. Frutkin and Kerin Lyn Kaminski, for appellant and cross-appellee Michelle Wightman Charitable Foundation.
Ralph G. Wellington, pro hac vice, Nancy Winkleman, pro hac vice, and Arlin M. Adams, pro hac vice; Vogelgesang, Howes, Lindamood & Brunn, Philip E. Howes and Thomas R. Himmelspach, for appellee and cross-appellant Consolidated Rail Corporation.
David E. Neumeister, pro hac vice, James K. Horstman, Richard Hodyl and Lloyd E. Williams, Jr., urging reversal on cross-appeal for amici curiae, National Association of Independent Insurers and Alliance of American Insurers.
Stanton G. Darling II, urging reversal on cross-appeal for amici curiae, Product Liability Advisory Counsel and National Association of Manufacturers.
Buckingham, Doolittle & Burroughs, L.L.P., and Scott A. Richardson, urging reversal on cross-appeal for amicus curiae, Ohio Association of Civil Trial Attorneys.
Allen Schulman & Assocs. Co., L.P.A., and Allen Schulman, Jr.; Clark, Perdue, Roberts & Scott Co., L.P.A., and Paul O. Scott, urging reversal on appeal for amicus curiae, Ohio Academy of Trial Lawyers.
Squire, Sanders & Dempsey and Charles F. Clarke, urging reversal on cross-appeal for amicus curiae, Association of American Railroads.
Supreme Court of Ohio.
PFEIFER, J.
We affirm the lower court decisions on the evidentiary matters in this case. We find that the punitive damages award with remittitur is not excessive and is constitutional. We reverse the lower court on the issue of appealability of a remittitur and adopt the "Wisconsin rule" on that issue. We find that the trial court did not abuse its discretion in ordering a remittitur. Finally, we reverse the lower court on the issue of relief from post...
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