Summary
The Tenth District Court of Appeals of Ohio affirmed judgment for the Ohio Department of Rehabilitation and Correction on an inmate's negligence claim arising from a slip and fall. The court held that the appellant failed to preserve his discovery-related arguments because he did not raise them before the magistrate or specifically object to the magistrate's decision, and the record did not show that ODRC failed to comply with the discovery order.
Holdings
- Anderson forfeited appellate review of his claim that ODRC failed to provide discovery because he did not raise the alleged noncompliance before or during trial or specifically identify it in his objections to the magistrate's decision.
- The court found no reversible error or basis to conclude that the trial court acted with partiality or treated Anderson differently because he represented himself.
Questions Presented
- Whether Anderson preserved for appellate review his claim that ODRC failed to comply with the discovery order.
- Whether the trial court denied Anderson a fair trial or treated him differently because he proceeded pro se by failing to remedy the alleged discovery violation.
- Whether the judgment for ODRC should be affirmed.
Disposition
affirmed
Cases Cited (6)
- Fields v. Stange, 10th Dist. No. 03AP-48, 2004-Ohio-1134, ¶ 5 fn. 1(followed)
- FV-I, Inc. v. Knecht, 10th Dist. No. 17AP-865, 2019-Ohio-5197, ¶ 26(followed)
- FV-I, Inc. v. Knecht, 10th Dist. No. 17AP-865, 2019-Ohio-5197, ¶ 31(followed)
- State ex rel. Food & Water Watch v. State, 2018-Ohio-555, ¶ 16(followed)
- In re A.V., 10th Dist. No. 05AP-789, 2006-Ohio-3149, ¶ 22(followed)
- Trombley v. Trombley, 9th Dist. No. 17CA0012-M, 2018-Ohio-1880, ¶ 10(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…