Russell A. Kelm, Plaintiff-Appellant,
Rene Conkel, Defendant-Appellee.
from the Franklin County Municipal Court (M.C. No. 2015 CVE
Offices of Russell A. Kelm, Russell A. Kelm, and Colleen M.
Koehler, for appellant.
Hollern & Associates, and Edwin J. Hollern, for appellee.
Russell A. Kelm.
1} Russell A. Kelm, plaintiff-appellant, appeals
from the judgment of the Franklin County Municipal Court, in
which the court entered a final judgment, pursuant to a jury
verdict, in favor of appellant and against Rene Conkel,
2} On November 16, 2014, appellant and appellee were
involved in a motor vehicle accident. Appellee's insurer,
Allstate Insurance Company ("Allstate"), made
payment to appellant for, at least some of, his car repairs.
The vehicle was in the repair shop for approximately four
3} On May 8, 2015, appellant filed an action against
appellee for damages to his vehicle. Appellant claimed
damages for replacement of a damaged tire and wheel,
supplemental body shop repairs, a dent in the door, battery
replacement, cost of a replacement rental car, lost use of
the vehicle, diminution in value of the vehicle for being in
an accident, and interest on the unpaid damages.
4} On October 5, 2015, appellant filed a motion for
summary judgment as to both liability and damages. Appellee
filed a memorandum contra motion for summary judgment, to
which was attached the affidavit of James Petrucz, the
diminution in value coordinator for Allstate.
5} On October 22, 2015, appellant filed a motion in
limine to exclude the affidavit testimony of Petrucz, as well
as his testimony at trial. On December 1, 2015, the trial
court denied appellant's motion in limine, granted
appellant's motion for summary judgment as to liability,
and denied appellant's motion for summary judgment as to
damages. The trial court indicated that the order did not
constitute a final appealable order pursuant to Civ.R. 54(A).
6} Commencing on June 21, 2016, the matter was tried
before a jury on the issue of damages. Appellant sought a
total of $11, 939.75 in damages, while appellee asked for the
jury to award appellant $1, 153.06, based on the supplemental
parts list, average car rental cost for 24 days, and filing
fee. The jury returned a verdict in favor of appellant for
$1, 153.06. On June 27, 2016, the trial court issued a
judgment, journalizing the ...