Gorslene v. Dept. of Transp.

Citations

• 2018 Ohio 4953

Syllabus

Negligence contributory negligence bifurcated liability. Plaintiff brought this negligence action after suffering injuries in an incident involving a state-owned vehicle operated by Defendant's employee. Plaintiff's wife also brought a loss of consortium claim. The issues of liability and damages were bifurcated. Defendant owned a vehicle parked on a road construction site where Plaintiff was working. Defendant's employee tried to move the vehicle to another location near the site, and accidentally backed over Plaintiff, who was kneeling behind the vehicle refilling a box of chalk. The magistrate found that Defendant's employee failed to exercise proper care under the circumstances. The magistrate concluded that, in a busy, fast-paced work environment, Defendant's employee had a duty to ensure that nobody was behind the vehicle before backing out. Plaintiff's behavior did not constitute contributory negligence, as Plaintiff was wearing safety gear, engaged in a normal work duty, and was working in plain sight several feet away from Defendant's vehicle. The magistrate found Defendant liable for Plaintiff's injuries.