State ex rel. Mullins v. Curran

{¶ 19} The court of appeals specified in its decision in the previous appeal that the court was remanding the cause to the trial court “for a new trial on this issue,” i.e., the trial court’s error in refusing to instruct the jury on the alleged contributory negligence of Lisa Mullins. Mullins v. Comprehensive Pediatric & Adult Medicine, Inc., 7th Dist. No. 07 MA 144, 2009-Ohio-1310, 2009 WL 737915, ¶ 101. Based on the plain language of its previous decision, the court of appeals granted Lisa Mullins a writ of prohibition to prevent Judge Curran from retrying *446the negligence case against…