Id. See, also, Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 192-193, 8 OBR 258, 261-263, 456 N.E.2d 1222, 1226-1227, and Surman v. Ohio Pennsylvania Oil Gasoline Co. (1962), 116 Ohio App. 453, 480-494, 22 O.O.2d 292, 307-315, 183 N.E.2d 386, 404-414. The trial court is given the discretion to exclude such misleading questions from the evidence.
Id. See, also, Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 192-193, 8 OBR 258, 261-263, 456 N.E.2d 1222, 1226-1227, and Surman v. Ohio Pennsylvania Oil Gasoline Co. (1962), 116 Ohio App. 453, 480-494, 22 O.O.2d 292, 307-315, 183 N.E.2d 386, 404-414. The trial court is given the discretion to exclude such misleading questions from the evidence.
A motion for a directed verdict tests the legal sufficiency of the evidence to take the case to the jury. Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 191, 8 OBR 258, 260, 456 N.E.2d 1222, 1226. Under this standard, the motion must be denied if there is substantial evidence upon which reasonable minds could come to different conclusions on the essential elements of the claim.
" Additionally, it is well established that an expert can base an opinion only on facts presented in a hypothetical question if evidence tending to establish those facts is admitted into evidence. Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 8 OBR 258, 456 N.E.2d 1222, and cases cited therein. In the present case, appellants could not offer evidence that a pediatrician analyzed the circumstances prior to Richard's birth, as Drs.
A motion for a directed verdict tests the legal sufficiency of the evidence. Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 191, 8 OBR 258, 260, 456 N.E.2d 1222, 1225. The motion will be granted for plaintiff where the substantial evidence presented demonstrates that reasonable minds could only find in favor of plaintiff on the essential issues of the case.
A motion for a directed verdict tests the legal sufficiency of the evidence to take the case to the jury. Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 191, 8 OBR 258, 260, 456 N.E.2d 1222, 1226. Under this standard, the motion must be denied if there is substantial evidence upon which reasonable minds could come to different conclusions on the essential elements of the claim.
" In Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 191-192, 8 OBR 258, 261, 456 N.E.2d 1222, 1226, this court noted that in instances where there is a conflict in the evidence relating to the existence of a fact which is material to the expert witnesses' forming an opinion, "* * * counsel propounding the hypothetical question is entitled to include as an assumed fact his version of the evidence on the disputed fact. It is then for the trier of the facts to resolve the factual dispute and, depending upon its findings, to determine what weight it will give to the opinion-answer.
Consideration of the sufficiency of the factual content of the hypothetical question is a factor in determining the weight to be given the opinion-answer. Mayhorn v. Pavey (1982), 8 Ohio App.3d 189, 8 OBR 258, 456 N.E.2d 1222. Appellant's final argument concerns Leinen's statement that it was practically proven that appellant was the child's father.
that in the event the trier of the facts rejects these facts as not having been established by the evidence, it will then be warranted in rejecting the opinion also. Calvey v. Fairview Gen. Hosp., 8th Dist. Cuyahoga No. 67417, 1995 Ohio App. LEXIS 2612, 3 (June 22, 1995), quoting Mayhorn v. Pavey, 8 Ohio App.3d 189, 191, 456 N.E.2d 1222 (10th Dist.1982).
The purpose of Evid.R. 703 is " 'to ensure that the trier of the facts is aware of the facts upon which the opinion rests, so that in the event the trier of the facts rejects these facts as not having been established by the evidence, it will then be warranted in rejecting the opinion also.' " Jarvis, supra, at ΒΆ 31, quoting Mayhorn v. Pavey, 8 Ohio App.3d 189, 191, 456 N.E. 2d 1222, (10th Dist.1982). Our review of the trial transcript demonstrates that most of Dr. Marazon's cross-examination testimony concentrated largely on the January 2, 2015 office visit and the July 2015 CT scan.