Russell v. Wolford

Plaintiff commenced an action in Franklin County Municipal Court seeking damages for personal injuries sustained in a collision between an automobile and a bicycle. The defendant was the co-administrator of the deceased’s estate, as the defendant had died of unrelated causes prior to the time of trial. At trial, plaintiff stated that he was unable to prove his claim without using his own testimony. The trial court ruled that, since defendant was deceased, plaintiff was barred from testifying concerning the liability of defendant, by operation of R. C. 2317.03. The testimony of plaintiff was…