Becker v. BancOhio National Bank

The ultimate issue before this court is whether the trial court erred in granting judgment for the defendant-appellee on the basis of the jury’s special finding of comparative negligence rather than in accordance with the general verdict in the plaintiffs-appellants’ favor. The first paragraph of the syllabus in Prendergast v. Ginsburg (1928), 119 Ohio St. 360, sets forth the following standard by which the trial court’s ruling in this case must be measured: “Judgment should not be rendered on special findings of fact as against the general verdict unless such special findings, when…