Sanborn v. Univ. of Cincinnati
Citations
- 2023 Ohio 2657
Syllabus
Magistrate's Decision, Bifurcated Trial, Liability, Land Owner, Invitee, Negligence, Duty of Ordinary Care. Plaintiff, an invitee to defendant's premises, fell when she stepped into a concealed hole in an unlit grove at night. Evidence presented during trial established that defendant routinely inspected the area and that the incident location was outside the nearby construction zone. The magistrate held that plaintiff had conceded that defendant did not have actual notice and failed to establish that defendant had constructive notice of the hole. Thus, the magistrate found that plaintiff failed to prove that defendant breached its duty of reasonable care. Judgment recommended in favor of defendant.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a warrantless search may be justified “when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable”
- holding that special need for supervision justified search of probationer’s residence based on information provided by police
- holding that prison regulations impinging on prisoners’ constitutional rights are only valid where reasonably related to legitimate penological interests
- holding that probation is “a ‘special need’ of the State, permitting a degree of impingement upon privacy that would not be constitutional if applied to the public at large”
- concluding that search of probationer's home was reasonable within the meaning of the Fourth Amendment
- concluding that search of probationer’s home was reasonable within the meaning of the Fourth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheets
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