Gibson v. Ohio Dept. of Rehab. & Corr.

Citations

• 2022 Ohio 1821

Syllabus

Notice of impending assault Civ.R. 53 objection to magistrate's decision damages. Plaintiff, formerly an inmate under the custody and control of defendant, asserted that defendant was negligent in failing to protect him from an attack by another inmate while incarcerated. The magistrate found that defendant had constructive notice of the impending assault and was liable to plaintiff for damages. However, the magistrate found that plaintiff's superficial injuries were temporary and minor, and that plaintiff failed to prove by preponderance of the evidence that the assault was also responsible for causing plaintiff's ongoing migraines. Plaintiff objected to magistrate's decision but provided no basis for overturning findings of magistrate. Judgment entry adopting magistrate's decision.