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CASE BRIEF
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Case: Davis v. Wooster Orthopaedics & Sports Medicine,
Inc.193 Ohio App. 3d 581 (2011).
Issues
There are three issues in this case pertaining to Knapic’s
appeal. The first is a substantive issue that pertains to the law
of proposition, R.C. 2317.43 which prohibits the defendant’s
statement of sympathy or condolence to be used. This issue lies
within the interpretation of this law, where there is no
distinction between expression of sympathy and the admissions
of fault, as Dr. Kanpic had admitted full responsibility for. It
brought an issue of including the statement of “it was my fault”
while excluding the statement of “I’m sorry.” Seventeen of the
36 states with similar laws allows fault, but not expression of
sympathy, while eight of the states have excluded both because
the two are inadvertently related. In this case, the trial excluded
any form of apology or sympathy in accordance with R.C.
2317.43, however, any admission of fault was was used in the
trial court as the law doesn’t require this to be excluded.
The second substantive issue was under Evid.R. 403(A),
which excludes relevant evidence on grounds of prejudice,
confusion, or undue delay. Knapic argued that the autopsy
photograph and the related testimony from the medical examiner
was in violation of Evid.R. 403. He argued that they were
biased and should be excluded, but since the images were
relevant to Mrs. Davis’ death it was used in trail as probative
value. Knapic brings up the Fifth District Court of Appeals’
decision in Hiner v. Nationwide Mut. Ins. Co., 5th Dist. No.
2005CA00034, 2005-Ohio-6660, in support of excluding the

2. photograph as was done in this court of trial, however, it was
properly excluded under a different circumstance than his. Due
to the inclusion of Mrs. Davis’ autopsy, Mr. Davis had relevant
evidence of mental anguish and trauma.
On the subject of forbidding speculation of insurance,
Knapic brought up a procedural issue in Davis v. Wooster “that
the trial court sua sponte offered a jury instruction on liability
insurance that incorrectly injected extrajudicial evidence into
the jury deliberation” (pp. 11). Mr. Davis further argues that the
law was correctly conveyed, where speculation on insurance
was averted by jurors, only taking into account the evidence.
Knapic then brings up another csae, 4262 Robbins Ave.
Restaurant Co. v. Slanco, regarding speculation versus
evidence. But again, this case was not similar of that, there was
no improper testimony regarding liability insurance. Since the
court’s instruction neither implied or not implied the liability
insurance of the defendant, the statement of the jury was
accurate.
INFORMATION ON PROJECT
TYPE: INDIVIDUAL …. NOT GROUP
DUE DATE : Week of November 26 during class: 11-27 for
Night class, 11-29 for day class
POINTS: 150 points
QUALITY OF WORK: YOU MUST MAKE A SERIOUS
EFFORT AND EXPLAIN IN DETAIL YOUR THOUGHT
PROCESS AND REASONING. DO NOT TURN IN A PAPER
THAT ONLY DISCUSSES EACH TOPIC WITH A SINGLE
SENTENCE OR TWO. THIS IS A GOLDEN OPPORTUNITY
TO POSITIVELY AFFECT YOUR GRADE…..
PROJECT SPECIFICS:
- Choose two products, services, or businesses in the industry of
your choice. Make sure that they have totally different target

3. audiences so that you can compare the two. Examples: car
models like a Toyota Tercel, and a Maserati ….or…..food
places like a Soup Kitchen, and Ruth’s Chris Steakhouse ….
You get the idea ??
- Keep it under 15 pages…. There are 10 questions on the topics
you have chosen .
- Single or double spaced….surprise me.
- Print it out two-sided if possible….SAVE PAPER.
- No citation page required ( most of this you will have to
figure out in your head.
- No table of contents ( just answer all questions in the order
asked ).
- All tables and charts must be electronically created ( no hand
drawn )
- # 1, plus # 2, plus # 3, plus # 4, should be equal in length to
one half of your paper by themselves. The other six questions
should equal the other half of the paper ( approximately ).
- Discuss, in as much detail as necessary, the following topics:
1. Describe all of the segmentation variables that your two
choices used to target their customers. How are they different
from each other ? (Geographic, Demographic, Psychographic,
and Benefits Sought). A chart that supplements your discussion
is necessary. This will be a long answer.
2. Discuss the Marketing Mix for the two products. ( Four P’s
) . Compare both in detail …Make a chart of the four P’s… I
expect this section to be quite extensive …. ( Long discussion
and chart )
3. Visit the web sites for both competitors. Give a synopsis of
your findings and thoughts. Are they user friendly sites ? Do
they provide needed information ? Are they interactive ? Do
they offer coupons, locations, or directions, if applicable ? Tell
me as though I am blind. This should be pretty detailed.
4. How have each of the the competitors positioned themselves
in the market- place ? In your opinion, have they done a good
job ? If not, why not ? Do you feel that the target consumers see
the company properly (as the company expects) ? Design a short

4. survey…5 Questions / 15-20 people….. to find out and analyze
the results. For example, do both competitors occupy the same
place in the consumers mind or are they somehow differentiated
from each other ? Is one the “quality leader” while the other is
vying to be the “price” leader, etc. ?
5. What issues do these competitors have to deal with
? Think in terms of INTERNAL and EXTERNAL factors…. Do
a SWOT analysis for your primary choice.
6. What can you find out about your choices and how they are
addressing the “societal marketing concept” ? Do they pollute ?
Do they recycle ? Do they use toxic chemicals ? ( hint: look at
their web sites or in-house literature ). Do they support
charitable causes ? Google it.
7 . How does Personal Selling ( Relationship Selling ) affect
the final consumer who buys your product ? Connect the dots
for me....what kind of ‘white collar’ sales efforts from ALL the
different suppliers was required to 'create' the final product ?
In other words, how did the efforts of all the B2B buyers and
sales people associated with your primary choice impact the
final consumer once they bought your product or service?
8 . Discuss at least three different activities that your choice
has to deal with in their ‘Blue Collar’ supply chain management
process. ( ie: suppliers, assembly line workers, raw ingredients,
resellers, forklift drivers, trucking companies, etc. ). Explain
how they interact with or handle these issues.
9 . Give me a descriptive analysis of your impressions of
both competitive advertising efforts. ...Include a description
of your favorite campaign or ad. If they don't have one, suggest
one .
10. We have talked about 'Land's End' and how they were able
to sell more product by data mining a list of customers, out
of their own data storage, and then matching accessories to the
'Blue Sports Jacket and Grey Slacks" that were purchased as
much as 18 months before by their 'best'
customers.....remember, they offered those customers matching

5. shirts, ties, shoes, etc., and the company was rewarded because
over 30 % of those past customers ordered 'new' merchandise
from the special mailing that Land's End sent them.....Think
about EITHER OF YOUR PRODUCTS....how would you try to
get your 'BEST' customers to order MORE ? Your best
customers are 1-RECENT....2-FREQUENT....and 3-
MONETARY/HIGH DOLLAR people.
That is it !!!! Add some color charts where you see fit and
“pretty it up” a little. I will take into consideration any “extra
effort” you put forth that was not specifically asked for….and
give you some extra points to offset any lack of content that I
see. It is up to you. Good luck !
Caution : Do not approach this project as if you are a
student….you will goof it up…..you must think like a
“marketing manager” in order to answer these
questions….pretend you will lose your job if you don’t do this
right…think through it carefully.