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Kelm v. Conkel

Court of Appeals of Ohio, Tenth District

November 2, 2017

Russell A. Kelm, Plaintiff-Appellant,
v.
Rene Conkel, Defendant-Appellee.

         APPEAL from the Franklin County Municipal Court (M.C. No. 2015 CVE 015171)

         On brief:

          Law Offices of Russell A. Kelm, Russell A. Kelm, and Colleen M. Koehler, for appellant.

          Hollern & Associates, and Edwin J. Hollern, for appellee.

         Argued:

          Russell A. Kelm.

          Edwin J. Hollern.

          DECISION

          BROWN, J.

         {¶ 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, defendant-appellee.

         {¶ 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 months.

         {¶ 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 ...


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