Redlin v. Rath

Osowik, Judge.

{¶ 1} This is an appeal from a judgment of the Lucas County Court of Common Pleas, following a jury trial, in which the trial court sua sponte vacated a judgment in favor of appellant, Theodore D. Rath, and ordered a new trial. For the reasons that follow, we hereby reverse the trial court’s judgment.

{¶ 2} The relevant, undisputed facts are as follows. In August 2002, appellee, Robin L. Redlin, 1 and Rath were involved in an automobile accident on Secor Road in Toledo, Ohio. On January 29, 2004, Redlin filed the complaint herein against Rath, seeking damages for injuries she…