Smith v. Mitchell

The primary issue presented in this action is whether an arbitrator called as a favorable witness *238by a party for the purposes of cross-examination pursuant to R.C. 2711. 21(D) is subject to further questioning as an adverse witness by any opposing party. We hold in the affirmative and, accordingly, reverse the decision of the court of appeals and remand this action for a new trial.

R.C. 2711.21(C) and (D) provide:

“(C) If the decision of the arbitration board is not accepted by all parties thereto, the pleadings shall be amended to aver both the fact that the controversy was submitted to an…