Allin v. Hartzell Propeller, Inc.

Grady, Judge.

{¶ 1} Plaintiff, Richard Allin, appeals from an order of the Miami County Municipal Court overruling Allin’s Civ.R. 59(A)(1) motion for a new trial.

{¶ 2} Allin commenced the action underlying this appeal against defendant, Hartzell Propeller, Inc., on a Consumer Sales Practices Act claim. Allin alleged that Hartzell Propeller altered two propeller blades that he had submitted for modification in a way that made them unairworthy and not fit for service.

{¶ 3} When the matter proceeded to trial, plaintiff Allin discovered that one of his subpoenaed witnesses, Mike Baird, refused to…