Schaffter v. Ward

The sole issue before the court is not whether we should second-guess the discretion of a trial court judge but rather whether the trial court judge abused his discretion in not allowing expert testimony on the point of impact. While the syllabus promulgated is merely a restatement of Evid. R. 702 and is on its face beyond reproach, the results reached are incorrect for the following reasons.

It is well-established that close evidentiary questions are within the domain of the trial court. Calderone v. Sharkey (1982), 70 Ohio St. 2d 218, 223 [24 O.O.3d 322]. Although Evid. R; 704 expressly…