Masterson v. Brody

Citations

• 2022 Ohio 3430

Syllabus

Wrongful death negligence duty R.C. 2305.45 motion to reduce jury verdicts. While foreseeability alone is not always sufficient to establish the existence of a duty, in this case, appellant set in motion codefendant's assault on the victim and exposed the victim to a high risk of harm the foreseeability of the harm obligated appellant to exercise reasonable care toward the victim. While there is no duty to control a third party's criminal act and while a special relationship is generally required to create a duty, under the particular circumstances of this case, appellant owed a duty to exercise reasonable care toward the victim and mitigate his injuries such as seeking medical attention for him, once appellant was aware of the gravity of the victim's injuries. Accordingly, the trial court properly denied his motion for directed verdict and JNOV. R.C. 2305.45 (\Search by unauthorized person\), read in context and in pari materia with the related statutes, does not to apply to the circumstances of this case and does not provide a basis for liability on appellant.