Casey v. Jones

Citations

• 2022 Ohio 1841

Syllabus

Motion to dismiss motion for default judgment negligence premises liability negligent infliction of emotional distress. The trial court properly dismissed complaint against resident and alleged homeowner where complaint alleged plaintiff was at home for social purposes and was attacked and injured by an intruder. Because plaintiff did not allege facts that indicated resident or homeowner had a duty to control the intruder or that they had a relationship with plaintiff conferring a duty of protection, plaintiff did not assert a claim in negligence or premises liability upon which relief could be granted. Because plaintiff did not assert claims entitling him to relief for his claims based on negligence, he could not maintain a cause of action for negligent infliction of emotion distress, and the trial court did not abuse its discretion by denying the motion for default judgment against alleged homeowner.