McMullin v. Johnsman, 07ca1720 (7-11-2008)

OPINION

{¶ 1} This is an appeal from an order of the court of common pleas that granted a plaintiff's motion for a new trial on a jury verdict for the defendant in a personal injury case.

{¶ 2} Plaintiff, Timothy E. McMullin, was seriously injured when he was struck by a pickup truck driven by Defendant, Eric Johnsman, while McMullin was crossing State Route 118 on foot. McMullin was part of a crowd attending the annual World 100 race at the Eldora raceway. Johnsman was traveling with three friends toward a bar in Greenville.

{¶ 3} McMullin commenced an action against Johnsman and several other…