Chapman v. Gardner

Citations

• 2020 Ohio 6717

Syllabus

NEGLIGENCE – UNMARKED CROSSWALK – R.C. 4511.48(A) – DRIVER'S DUTY TO USE DUE CARE – R.C. 4511.48(E) – RIGHT-OF-WAY: The trial court did not err in granting summary judgment against the pedestrian who brought a negligence claim against the driver of the automobile that struck her where the pedestrian failed to establish that she was in an unmarked crosswalk, and therefore, the pedestrian crossed a roadway outside of a marked or unmarked crosswalk and entered the driver's right-of-way in violation of R.C. 4511.48(A). Examining the evidence in a light most favorable to the pedestrian as the nonmoving party, there is no evidence in the record to suggest that the driver failed to exercise due care in violation of R.C. 4511.48(E) because the evidence showed that the pedestrian suddenly entered the driver's lane of travel, leaving the driver no time to avoid hitting the pedestrian.