Was Unanimous Vote by Appellate Panel Required to Overrule Jury, Grant New Trial?
Kathleen M. Bryan-Wollman et al. v. Corrine C. Domonko [sic], Case no. 2006-1201 8th District Court of Appeals (Cuyahoga County) ISSUE: This case asks the Supreme Court to determine whether a 2-1 court of appeals decision that vacated a jury verdict in a personal injury case and granted the plaintiff a new trial was based on a finding that the jury verdict was “against the manifest weight of the evidence,” and therefore required a unanimous vote of the three-judge appellate panel. BACKGROUND: Kathleen Bryan-Wollman of Cleveland filed a personal injury suit against Corrine Domonkos, claiming neck, back and head injuries and ongoing medical symptoms as a result of a 1999 traffic accident in which Domonkos’ car rear-ended a vehicle in which Bryan-Wollman was a passenger. At trial, attorneys for Domonkos introduced medical records showing that Bryan-Wollman had suffered back injuries in a 1983 traffic accident, and that she had sought periodic medical treatment since that accident for a nu
