Witt v. Akron Express, Inc., Unpublished Decision (1-14-2004)

DECISION AND JUDGMENT ENTRY

{¶ 1} Akron Express, Inc. ("Akron Express"), and Scott W. Snyder ("Snyder") appeal the decision of the Gallia County Court of Common Pleas granting Billy R. Witt, his wife Theresa L. Whitt, and their children, Billy Jr., Brandon, Jenifer and Jeremy Whitt (collectively referred to as "the Witts") a new trial pursuant to Civ.R. 63(B). Because the trial judge, who had not been present during the trial, failed to independently review the record and independently determine whether any of the grounds for granting a new trial enumerated in Civ.R. 59(A) were present, we…