Johnson v. Eitle, L-06-1247 (6-29-2007)

{¶ 30} I respectfully dissent from the majority's analysis and disposition of appellant's assignment of error.

{¶ 31} In February 2004, Lance Chaney was identified as an independent witness. He was discovered after he responded to an ad that had been posted by Johnson at a convenience store located near the site of the accident. The ad showed a picture of Johnson's car and requested a reply from anyone who had seen the accident in question.

{¶ 32} On April 21, 2004, the parties took Chaney's deposition. When asked what he recalled seeing, Chaney testified:

{¶ 33} "[Eitle] was going through the —…