Mast v. Doctor's Hospital North

Before the advent of the Ohio Buies of Civil and Appellate Procedure the case law of this state clearly held that the reversal and vacation of an erroneous verdict for damages required á trial de novo as to all issues in the ease. See Edelstein v. Kidwell (1942), 139 Ohio St. 595; Markota v. East Ohio Gas Co. (1951), 154 Ohio St. 546.

It is the opinion of a majority of this court, however, that App. B. 12 (D), in conjunction with Civ. B. 42(B), authorizes a Court of Appeals to order the retrial of only those issues, claims or defenses the original trial of which resulted in prejudicial error,…