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113 Ohio App. 3d 847

682 N.E.2d 688

Bittinger v. Klotzman

Ohio Court of Appeals

Decided August 26, 1996

Ohio Court of Appeals · decided 1996-08-26

Relies on 20 Ohio App. 3d 29 - Bowins v. Euclid General Hospital Ass'n

Good law ✅— No negative treatment on recordhow we know

Decided 1996-08-26

How this case has been cited

Cited by 9 later decisions — most recently August 2019

9 state decisions

40199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Karpinski, Judge,

¶1 concurring.

¶2 I concur in the opinion of the majority with the following exception.

¶3 In a number of unreported opinions, this court has relied upon the case of Bowins v. Euclid Gen. Hosp. (1984), 20 Ohio App.3d 29, 20 OBR 31, 484 N.E.2d 203, for the principle that expert testimony is necessary to establish negligence with respect to snow removal in a commercial lot. In fact, however, Bowins*853 never said such testimony was required. The opinion stated merely that because the techniques for removing snow and ice from a large commercial parking area are not matters well within the general competence of a jury “expert testimony which aids the jury in understanding the evidence or determining the facts in issue should not be excluded.” Id. at 31, 20 OBR at 33, 484 N.E.2d at 206.

¶4 Prohibiting trial .courts from excluding testimony is not the same as requiring plaintiffs to provide it. I believe the distinction is important. While some cases require such testimony, I would not go so far as to say that expert testimony is required in every case.

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