Gutoskey v. Gallagher, Unpublished Decision (12-12-2002)

JOURNAL ENTRY and OPINION

{¶ 1} Plaintiffs-appellants James and Jennifer Gutoskey appeal from a jury verdict and the subsequent post-trial orders rendered in favor of defendants-appellants Sean and Lorain Gallagher.1 Appellants had alleged appellees' negligent home maintenance was the proximate cause of injuries they suffered when James fell through the Gallaghers' front porch railing.

{¶ 2} The Gutoskeys assert the trial court acted improperly in the following particulars: 1) preventing them from using a statement Sean Gallagher made soon after the incident; 2) refusing to instruct the jury on…