Arrington v. DaimlerChrysler Corp.

0’CONNOK, J.

{¶ 1} In this appeal involving an asbestos-related workers’ compensation claim, we address the propriety of a case-management order requiring all testimony to be presented by videotape rather than through live testimony before the jury. We hold that the right to trial by jury in claims brought pursuant to R.C. 4123.512 is conferred by the General Assembly through statute and does not arise from Section 5, Article I of the Ohio Constitution. We further hold that although the preferred practice is to permit parties to testify live before the fact-finder, the trial court’s order that…