EASTLEY, ADMR., Appellee,
v.
VOLKMAN; HUFFMAN, Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted December 7, 2011.
Decided May 22, 2012.
Attorney(s) appearing for the Case
Spetnagel & McMahon and Thomas M. Spetnagel; and Bender Law Offices and Stanley C. Bender, for appellee.
Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., M. Jason Founds, and Mark H. Gams; and Mann & Preston, L.L.P., and James L. Mann, for appellant.
Gallagher Sharp and Timothy J. Fitzgerald, urging reversal for amicus curiae, Ohio Association of Civil Trial Attorneys.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} Article IV, Section 3(B)(3) of the Ohio Constitution provides that "[n]o judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by the concurrence of all three judges hearing the cause." In this case, two judges on the court of appeals panel voted to reverse the judgment on the weight of the evidence but one judge concluded that appellant had waived appellate review of the weight...
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