Lloyd v. Dept. of Rehab. & Corr.

Citations

• 2017 Ohio 9396

Syllabus

Negligence- Plaintiff, an inmate in defendant's custody, alleged negligence based on injuries he sustained while using an improvised method to hold open a window in his dormitory. After the court of appeals held that the open and obvious doctrine did not apply and remanded the case, the magistrate engaged in a comparative negligence analysis. The magistrate found that defendant had notice that windows were in disrepair and that inmates were improvising methods to hold the windows open. The magistrate further found that it was foreseeable that injury would result and that defendant breached its duty of care in failing to take reasonable precautions. The magistrate found no fault attributable to plaintiff and recommended judgment for plaintiff.