O'Connell v. Chesapeake & Ohio Railroad

569 N.E.2d 889, 58 Ohio St. 3d 226, 1991 Ohio LEXIS 914
CourtOhio Supreme Court
DecidedApril 3, 1991
DocketNo. 90-34
StatusPublished
Cited by56 cases

This text of 569 N.E.2d 889 (O'Connell v. Chesapeake & Ohio Railroad) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Connell v. Chesapeake & Ohio Railroad, 569 N.E.2d 889, 58 Ohio St. 3d 226, 1991 Ohio LEXIS 914 (Ohio 1991).

Opinions

Alice Robie Resnick, J.

We are confronted primarily with two issues of law in this appeal. The first is whether appellant has waived any challenge she might have relating to the jury’s answers to the submitted in[229]*229terrogatories by failing to make a timely objection. The second issue presented for our determination is whether the trial court properly entered judgment in favor of the railroad based on the jury’s answers to the interrogatories.

I

We begin our analysis by considering whether appellant, by failing to timely object, has waived any error in the alleged inconsistencies in the jury’s answers to the interrogatories. Generally, the federal courts of appeals have held “that an objection to inconsistent answers is waived unless the party raises it before the jury is discharged. Fernandez v. Chardon (C.A. 1, 1982), 681 F. 2d 42, 58; Skillin v. Kimball (C.A. 1, 1981), 643 F. 2d 19, 19-20; Tennessee Consolidated Coal Co. v. United Mine Workers of America (C.A. 6, 1969), 416 F. 2d 1192. The purpose of the rule is to promote the efficiency of trials by permitting reconciliation of inconsistencies without the need for a new presentation of the evidence to a different trier.” Haehnlein v. Henry (1987), 41 Ohio App. 3d 233, 234, 535 N.E. 2d 343, 344.

Appellant argues that when the jury interrogatories were returned, neither counsel nor the court had reason to suspect the inconsistencies that were later discovered. Appellant asserts that since the requisite number of signatures appeared under the answer to each interrogatory, no one had sufficient time to reflect or consider that the answers should be scrutinized for the type of anomaly that was subsequently detected. We are inclined to agree with appellant. At trial, the court read aloud both the interrogatories themselves and the jury’s answers thereto, along with the number of signatures to each. For example, after reading each interrogatory and before going on to the next interrogatory, the trial judge would consistently state: “The answer to that is ‘yes.’ And that’s signed by * * * [the stated number] of the jurors.” Considering the atmosphere of a long, involved trial, and given that there was little chance of discovering the inconsistencies without a protracted examination and comparison of the interrogatory forms themselves, appellant cannot be said to have waived her challenges to the jury’s answers.

More importantly, however, and as will be more fully discussed infra, we are of the opinion that the jury’s inconsistent answers to the interrogatories are tantamount to plain error. We are acutely aware that “[ijmplementation of the plain-error doctrine is to be taken with utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice. See State v. Long (1978), 53 Ohio St. 2d 91 [7 O.O.3d 178], paragraph three of the syllabus. The plain-error doctrine permits correction of judicial proceedings when error is clearly apparent on the face of the record and is prejudicial to the appellant. State v. Eiding (1978), 57 Ohio App. 2d 111 [110.0.3d 113]. Although the plain-error doctrine is a principle applied almost exclusively in criminal cases, this court has stated that the doctrine may also be applied to civil causes, even if the party seeking invocation of the doctrine failed to object to the jury instruction in question, if the error complained of ‘would have a material adverse affect [sic] on the character and public confidence in judicial proceedings.’ Schade v. Carnegie Body Co, (1982), 70 Ohio St. 2d 207, 209 [24 O.O. 3d 316]. See, also, Yungwirth v. McAvoy (1972), 32 Ohio St. 2d 285, 288 [61 O.O.2d 504].” [230]*230(Footnote omitted.) Reichert v. Ingersoll (1985), 18 Ohio St. 3d 220, 223, 18 OBR 281, 283-284, 480 N.E. 2d 802, 805. As in Reichert, supra, “we find that the instant case presents one of those extremely rare situations in which the plain-error doctrine must be invoked in order to prevent a manifest miscarriage of justice * * *[.]” Id. at 223, 18 OBR at 284, 480 N.E. 2d at 806. Likewise, we invoke this doctrine in order to ensure public confidence and reliability in the judicial proceedings. SeeSchade, supra, at 209, 24 O.O. 3d at 317, 436 N.E. 2d at 1003.

II

We now turn to the main issue before this court, which is whether the trial court’s rendering of judgment in favor of appellee is proper when considering the consistency of the jury’s answers to the interrogatories. As noted above, the trial court and both counsel agreed that a general verdict would not be used, but rather the court would render a verdict based on the jury’s answers to six interrogatories.1 In the present case, the problem which arises stems from the inconsistent answers given by the jury regarding the initial determination of fault, and the subsequent apportionment of fault. As they are germane to a determination of this issue, we set forth the relevant interrogatories in full:

“ 1. What was the total amount of damages sustained by the plaintiff, CONSTANCE J. O’CONNELL, regardless of who caused it, exclusive of the amounts claimed by the United States government and St. Vincent Hospital?
“ANSWER: $389,190.00 * * *
“* * * [This interrogatory was signed by seven of the eight jurors.]
“2. Do you find by a preponderance of the evidence that the defendant, CHESAPEAKE & OHIO RAILROAD, was negligent?
“ANSWER: YES * * *
“* * * [This interrogatory was signed by six jurors, but not Juror Bryson, or Juror Hall.]
“3. If your answer to Interrogatory No. 2 is ‘yes’, do you find that the defendant’s negligence was a proximate cause of the plaintiff’s damages?
“ANSWER: YES * * *
“* * * [This interrogatory was signed by six jurors, but not Juror Bryson, or Juror Hall.]
“4. Do you find by a preponderance of the evidence that the plaintiff, CONSTANCE J. O’CONNELL was negligent?
“ANSWER: YES * * *
“* * * [This interrogatory was signed by seven jurors, but not Juror Biyson.]
“5. If your answer to interrogatory No. 4 is yes,.do you find that the negligence of the plaintiff, CONSTANCE J. O’CONNELL, was a proximate cause of her injuries?
“ANSWER: YES * * *
“* * * [This interrogatory was signed by seven jurors, but again, not Juror Bryson.]
“6. If you have found that the defendant and the plaintiff were each negligent and that the negligence of each was a proximate cause of the plaintiff’s injuries, state in a percentage the amount of negligence of each compared to the total negligence involved.
[231]*231PLAINTIFF’S NEGLIGENCE: 70%
DEFENDANT’S NEGLIGENCE: 30%
TOTAL: 100%
THE TOTAL MUST EQUAL 100%. * * *”

The last interrogatory, which required the jurors to apportion fault, was signed by only six jurors — including jurors Bryson and Hall.

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Bluebook (online)
569 N.E.2d 889, 58 Ohio St. 3d 226, 1991 Ohio LEXIS 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-chesapeake-ohio-railroad-ohio-1991.