Opinion

Trauth v. Dunbar

  • 5 Ohio St. 3d 68
  • 5 Ohio B. 123
  • 448 N.E.2d 1368
  • 1983 Ohio LEXIS 730
Court
Ohio Supreme Court
Filed
May 25, 1983
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Locher, Second, Sweeney, Wilson
Cited by
12 cases

finding that jury verdicts on issues untainted by error should not be disturbed because “[ejrror as to one issue need not attach to others”

How later courts described this case

  • finding that jury verdicts on issues untainted by error should not be disturbed because “[ejrror as to one issue need not attach to others”
  • “ ‘[t]he discretion which a trial court enjoys in custody matters should be accorded the utmost respect, given the nature of the proceeding and the impact the court’s determination will have on the lives of the parties concerned’ ”

Written by the judges who cited it.

The opinion

Holmes, J.,

dissenting. I am in agreement with the court of appeals that in the stance of this case there need be a remand to the trial court for a new trial. The jury, by virtue of confusing their deliberations with the element of punitive damages, to Dunbar as well as Spartan, lost their way in the determination of compensatory damages. I would therefore affirm the judgment of the court of appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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