EASTLEY v. VOLKMAN

No. 08CA3223.

2009 Ohio 522

Paula Eastley, Administrator of the Estate of Steven Hieneman, Plaintiff-Appellee, v. Paul Holland Volkman, M.D., Defendant, and Denise Huffman, dba Tri-State Health Care, Defendant-Appellant, and State Farm Fire and Casualty Company, Intervening Defendant.

Court of Appeals of Ohio, Fourth District, Scioto County.

Released January 29, 2009.


Attorney(s) appearing for the Case

Mark H. Gams and M. Jason Founds, Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., Columbus, Ohio and James L. Mann, Mann & Preston, L.L.P., Chillicothe, Ohio, for appellant.

Thomas M. Spetnagel, Spetnagel & McMahon, Chillicothe, Ohio; Stanley C. Bender, Portsmouth, Ohio; and Bruce W. McDonald, McBrayer, McGuiness, Leslie & Kirkland, PLLC, Greenup, Kentucky, for appellee.


DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} Denise Huffman appeals the trial court's judgment entered upon a jury verdict in favor of Paula Eastley, administrator of the estate of Steven Hieneman ("Eastley"). Huffman contends that the court erred when it denied her motion to dismiss, denied her request for an indefinite stay of proceedings, and failed to instruct the jury on the issue of comparative negligence. She further contends that...

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