Smith v. Ohio Oil Co.

134 N.E.2d 526 (1956)

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Holding & Decision

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Nature Of The Case

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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.

Issues

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Legal Analysis

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