Gardner v. XPO Logistics Freight, Inc.

Citations

• 254 N.E.3d 153
• 2024 Ohio 4633

Syllabus

Civ.R. 53(D)(3); Magistrate's Decision; Objections; Summary Judgment; Assured Clear Distance Ahead; Peripheral Object; Sudden Emergence. The Ohio Rules of Civil Procedure give a party fourteen days from the issuance of a magistrate's decision to file written objections with the trial court. With the exception of raising a claim of plain error, a party may not assign error on appeal unless that party previously filed a corresponding objection to the magistrate's decision in compliance with Civ.R. 53(D)(3)(b). Thus, the failure to file objections to the magistrate's decision waives all but plain error on appeal. When a tractor-trailer was driving in the only eastbound lane on a roadway and activated its turn signal before making a wide-right turn, the tractor-trailer was clearly indicating that it was going to remain in the line of travel ahead of the motorcycle following behind it until the right turn had been completed. For this reason, the tractor-trailer was not a peripheral object that suddenly emerged into the assured clear distance of the motorcycle.