Helmick v. Republic-Franklin Insurance

Although I concur in the judgment reached by the majority, I disagree with the majority’s determination to gratuitously overrule paragraph three of the syllabus in Halkias v. Wilkoff Co. (1943), 141 Ohio St. 139, 25 O.O. 257, 47 N.E. 2d 199.

Halkias held that: “The renewal of defendant’s motion to direct a verdict at the close of all the evidence, challenges, not the sufficiency of the *77evidence that was alone before the court and jury at the time the original motion was made, but the evidence and the state of the record as it exists at the conclusion of all the evidence.” Id.

That holding has…