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With the enactment of Senate Bill 80, damages in many tort actions are capped. The jury’s determination of rightful compensation to a Plaintiff will be disregarded in many circumstances. In any claim for damages for injury or loss to person or property, including product liability claims, a plaintiff who has suffered non-catastrophic or noneconomic damages is limited to the greater of Two Hundred Fifty Thousand Dollars ($250,000) or three times the economic loss,but not to exceed Three Hundred Fifty Thousand Dollars ($350,000).

What’s next in the Ryan Widmer case? Expect the defense to file a motion for a new trial in the next few days. This motion must be filed within 14 days of the verdict that was rendered on February 15, 2011.

Warren County Court of Common Pleas Judge Neal Bronson read the verdict at about 5:00PM today after approximately twelve hours of jury deliberation. As Ryan Widmer sat waiting, not looking, with his head down on top of his cross-fingered hands, Judge Bronson delivered the news: GUILTY.

In the last edition of the Co-Counsel Reporter, we discussed the pitfalls occasioned by the recent modifications and abrogation of joint and several liability as set forth in SB 120. Specifically, if a defendant can convince the trier of fact that a different defendant has some liability for the injuries sustained, the defendants will be liable for the overall damages only according to their percentage of liability. This can have disastrous consequences if the “other defendant” is not a party to the suit or is judgment proof.

The Ryan Widmer jury deliberations continue into the second day. I was in the courthouse this morning, and saw the bathtub that the jurors must walk past to get to the jury room. I’m sure that is a sobering thought as they begin their deliberations.

Attorney Gabe Moorman talks with Meghan Mongillo on Fox 45 In The Morning. Moorman talks with Meghan about the Stacy Schuler case, the Mason High School teacher accused of having sex with some of her students. Moorman has also been in the courtroom for the Ryan Widmer trial. Fox 45 In The Morning: Local Lawyer on Widmer and Schuler cases

Closing arguments ended today in Ryan Widmer’s third trial for the murder of his wife. This was the attorneys’ opportunity to tell the jury what they believed the evidence showed throughout the case. The jury will be instructed that the arguments of counsel are not to be considered as evidence. After closing arguments the judge read the jury instructions and the jurors entered the jury room for deliberations. All of the exhibits will accompany them, together with the verdict forms.

I have been asked by Meghan Mongillo, Dayton’s Fox-45 “In the Morning” co-anchor, to be a guest on their live TV broadcast. I will be answering questions regarding the law and commenting on some of the high profile legal cases in Southwest Ohio. Specifically, we will be discussing the Ryan Widmer and Stacy Shuler cases. The Widmer trial is approaching its final stage, as the attorneys for both sides will offer their closing arguments on Monday, February 14, 2011. The jury will then begin its deliberation and a verdict will be read by the bailiff at the Warren County Court of Common Pleas in Lebanon, Ohio. It is likely that people from across the country will be listening intently – as will I.

In just about any personal injury action, a primary goal for Plaintiff’s counsel is to introduce medical bills and medical records pertaining to the underlying cause. There is a certain procedure that should be followed to ensure this admissibility (and to reduce attorney stress) so that the example above does not occur.

As I walked out of the Warren County Common Pleas Court in Lebanon, Ohio, this morning, the mood was tense. I had been at the courthouse for a hearing of my own, and couldn’t help but notice the frenzy of reporters and news cameras in and around the area. Virtually every news station in Dayton and Cincinnati was there.