Reversal of jury verdict due to a failure to prove an essential element affirmed on appeal
Clients Janet A. Fraley
After a jury entered a plaintiff's verdict against Janette Fraley ("Fraley") in a wrongful death case, Shawn Organ and Matt Corcoran of Jones Day Columbus, entered their appearances and convinced the trial court to enter a judgment Non Obstante Verdicto in favor of Fraley. Messrs. Organ and Corcoran successfully argued that the statute of limitation was an element of plaintiffs' cause of action and plaintiff's failure to prove that essential element at trial required judgment in favor of Fraley. Messrs. Organ and Corcoran also defeated a constitutional challenge to wrongful death statute of limitation in the trial court, which was just affirmed by the Ohio Supreme Court.
Presley v. Fraley; 06CVC05-6963 (Franklin Cty, Common Pleas Ct.); 08-APE-09-767 (10th Dist. Ct. of Appeals); 2009-0608 (Ohio Sup. Ct.)