Wood v. Harborside Healthcare

2012 Ohio 156, 968 N.E.2d 568, 197 Ohio App. 3d 667
CourtOhio Court of Appeals
DecidedJanuary 19, 2012
Docket96286
StatusPublished
Cited by2 cases

This text of 2012 Ohio 156 (Wood v. Harborside Healthcare) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Harborside Healthcare, 2012 Ohio 156, 968 N.E.2d 568, 197 Ohio App. 3d 667 (Ohio Ct. App. 2012).

Opinions

KAthleen Ann Keough, Judge.

{¶ 1} Plaintiff-appellant, Dolores Wood (“Wood”), as the personal representative of the estate of Frank Wood, deceased, appeals from the judgment of the common pleas court in favor of defendant-appellee Harborside HealthcareBroadview Heights Rehabilitation and Nursing Center (“Harborside”), following a jury verdict on Wood’s claim alleging nursing-home negligence. Wood further appeals the trial court’s denial of her motion for a new trial. Finding merit to the [669]*669appeal, we reverse the judgment and remand the cause for a new trial on proximate cause and damages.

I

2} On July 16, 2005, 87-year-old Frank Wood was admitted to Harborside for short-term rehabilitation following knee-replacement surgery. While at Harborside, he developed a Clostridium difficile infection. He was eventually taken to the hospital, where he died five days later.

{¶ 3} Wood filed suit, alleging that Harborside had been negligent in failing to timely diagnose and treat Frank’s infection. Harborside denied the allegations of Wood’s complaint, asserting that its care of Frank had not been negligent and that there was no proximate-cause relationship between the care it rendered to Frank and his ultimate death.

{¶ 4} The matter proceeded to a jury trial. During deliberations, the jury considered the following interrogatories:

{¶ 5} Interrogatory No. 1: “Has Plaintiff proven, by a preponderance of the evidence, that Defendant, Harborside Healthcare, was negligent in the care and treatment of Decedent, Frank A. Wood?”

{¶ 6} Interrogatory No. 2: “State in what respect(s) you find that Defendant, Harborside Healthcare, was negligent.”

{¶ 7} Interrogatory No. 3: “Has Plaintiff proven, by a preponderance of the evidence, that the negligence of Defendant, Harborside Healthcare, was a proximate cause of injury and death of Frank A. Wood?”1 (Emphasis added.)

{¶ 8} Interrogatory No. 4: “State an amount of money that you find will compensate the Plaintiff for Mr. Wood’s pain and suffering and loss of enjoyment of life up to the time of his death.”

{¶ 9} Interrogatory No. 5: “State an amount of money you find will compensate the next of kin of Frank Wood for their damages caused by his death.” (Emphasis added.)

{¶ 10} Following deliberations, the jury returned a general verdict in favor of Wood. The jury answered yes to interrogatory No. 1, finding that Harborside had been negligent in its care and treatment of Frank, and stated in its answer to interrogatory No. 2 that Harborside had been negligent as follows: “Doctor not contacted early enough about diarrhea. Senna given when it should not have. [670]*670Poor charting. Chart not complete.” The jury answered no to interrogatory No. 3, finding that Harborside’s negligence was not the proximate cause of Frank’s injury and death. Consistent with the instructions, the jury skipped interrogatory No. 4 and proceeded to interrogatory No. 5, awarding $250,000 in damages to Frank’s next of kin for their damages caused by his death.

{¶ 11} After reviewing the jury’s general verdict and interrogatory answers, the trial court instructed the jury that its interrogatory answers were inconsistent with the general verdict. The court instructed the jury that the instruction at the conclusion' of interrogatory No. 3 was incorrect and should have stated, “[I]f you answered ‘no’ to this interrogatory, conclude deliberations.” The judge scratched out that part of the instruction that stated “skip to Interrogatory No. 5” and above it wrote, “conclude deliberations.” The court then instructed the jury to resume deliberations and “make the appropriate changes” to their interrogatory answers. The court did not provide the jury with a new general verdict form or new interrogatories.

{¶ 12} When the jury returned after deliberating a second time, the jury again returned a verdict for the plaintiff. It again answered yes to interrogatory No. 1, finding that Harborside had been negligent; it again identified how Harborside had been negligent in its response to interrogatory No. 2; and it again answered no to interrogatory No. 3, finding that Harborside’s negligence was not the proximate cause of Frank Wood’s injury and death. It did not answer interrogatory No. 4, and on interrogatory No. 5, it crossed out the amount it had written in earlier.

{¶ 13} The judge again told the jury that its verdict was inconsistent with its answers to the interrogatories and instructed the jury to continue its deliberations. When the jury returned after deliberating a third time, it entered a verdict for Harborside.

{¶ 14} The trial court finally accepted the verdict and, after polling the jury, entered judgment on the jury’s verdict. Wood subsequently filed a motion to vacate the trial court’s judgment and/or for a new trial on the issues of proximate cause and damages. The court denied the motion and ruled that Wood was not prejudiced by the jury’s further deliberations because “Interrogatory 3 inconsistent with Interrogatory 5 and verdict, due to erroneous directions in Interrogatory # 3” and Wood had not objected to the trial court’s handling of the deliberations.

{¶ 15} Wood now appeals from the trial court’s judgment.

II

{¶ 16} In her second assignment of error, Wood contends that the trial court erred in denying her motion for a new trial on proximate cause and [671]*671damages because the significant irregularities in the jury deliberations denied her a fair trial. We address this assignment of error first because it is dispositive of the appeal.

{¶ 17} Civ.R. 59(A)(1) provides a trial court with discretion to grant a new trial when there is an irregularity in the proceedings that prevents a party from having a fair trial. “The rule preserves the integrity of the judicial system when the presence of serious irregularities in a proceeding could have a material adverse effect on the character of and public confidence in judicial proceedings.” Wright v. Suzuki Motor Corp., Meigs App. Nos. 03CA2, 03CA3, and 03CA4, 2005-Ohio-3494, 2005 WL 1594850, ¶ 114. The term “irregularity” in this context is “very comprehensive” and describes “a departure from the due, orderly, and established mode of proceeding therein, where a party, with no fault on his part, has been deprived of some right or benefit otherwise available to him.” Reeves v. Healy, 192 Ohio App.3d 769, 2011-Ohio-1487, 950 N.E.2d 605, ¶ 18. We review a trial court’s decision to grant or deny a motion for a new trial for an abuse of discretion. Id.

{¶ 18} In light of the significant irregularities in the jury deliberations, we find that the trial court abused its discretion in denying Wood’s motion for new trial. The trial court denied Wood’s motion because it found the instruction at the end of interrogatory No. 3 to proceed to interrogatory No. 5 if the jury answered no to interrogatory No. 3 to be erroneous, and thus it concluded that the jury’s verdict in favor of Wood when it returned from deliberating the first time was inconsistent with its interrogatory answers. But the trial court’s ruling ignores the fact, which both parties acknowledged at oral argument, that the alleged error in interrogatory No.

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Related

Wolf v. Rothstein
2016 Ohio 5441 (Ohio Court of Appeals, 2016)
Wood v. Harborside Healthcare
2012 Ohio 156 (Ohio Court of Appeals, 2012)

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Bluebook (online)
2012 Ohio 156, 968 N.E.2d 568, 197 Ohio App. 3d 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-harborside-healthcare-ohioctapp-2012.