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.
Judges: Sheehan
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30 cases in this archive are cited by this case; the 20 most cited are listed.
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- Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court· 1984-12-31· cited 1,296×
- Mussivand v. DavidOhio Supreme Court· 1989-09-20· cited 766×
- Posin v. A. B. C. Motor Court Hotel, Inc.Ohio Supreme Court· 1976-03-17· cited 510×
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co.Ohio Supreme Court· 1998-05-13· cited 499×
- Weirum v. RKO General, Inc.California Supreme Court· 1975-08-21· cited 329×
- Chambers v. St. Mary's SchoolOhio Supreme Court· 1998-08-12· cited 274×
- Osler v. City of LorainOhio Supreme Court· 1986-12-26· cited 261×
- Wagner v. Roche LaboratoriesOhio Supreme Court· 1996-11-13· cited 218×
- Groob v. KeyBankOhio Supreme Court· 2006-03-29· cited 177×
- Commerce & Industry Insurance v. City of ToledoOhio Supreme Court· 1989-08-23· cited 174×
- Wallace v. Ohio Dept. of CommerceOhio Supreme Court· 2002-09-04· cited 159×
- Lang v. Holly Hill Motel, Inc.Ohio Supreme Court· 2009-06-03· cited 155×
- Federal Steel & Wire Corp. v. Ruhlin Construction Co.Ohio Supreme Court· 1989-08-23· cited 141×
- McCloskey v. MuellerFirst Circuit· 2006-05-16· cited 139×
- Cromer v. Children's Hosp. Med. Ctr. of Akron (Slip Opinion)Ohio Supreme Court· 2015-01-27· cited 135×
- Estates of Morgan v. Fairfield Family Counseling CenterOhio Supreme Court· 1997-01-22· cited 109×
- Grau v. KleinschmidtOhio Supreme Court· 1987-06-24· cited 106×
- Ferreira v. StrackSupreme Court of Rhode Island· 1994-01-14· cited 79×
- Gelbman v. Second National BankOhio Supreme Court· 1984-01-25· cited 77×
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