Smith v. Ohio Oil Co.

134 N.E.2d 526 (1956)

Facts

Smith (P) was injured when his truck was hit by an Ohio Oil Company (D) truck driven by its employee, Smedley. During trial and during the testimony of a medical witness for P, the court permitted the use of a plastic model human skeleton to assist in the explanations. D objected in that it was unnecessary to an understanding of the issues, was gruesome, and tended only to arouse the emotion rather than explain anything. The jury awarded P $50,000, and D appealed.