Starling v. Ohio Dept. of Dev. Disabilities

Citations

• 2022 Ohio 2225

Syllabus

The Court of Claims erred when it entered Judgment in favor of the Ohio Department of Developmental Disabilities, (\ODDD\), on appellant's negligence and wrongful death claims because the manifest weight of the evidence, which included a videotape of the incident, established ODDD breached the standard of care when one of its therapeutic program workers injured decedent by making a second attempt to physically subdue decedent with a \bear hug\ technique, under circumstances where decedent's behavior did not pose an imminent threat of harm to himself or others, but merely resulted in property damage, and where the first attempt at the same technique was unsuccessful. Judgment reversed and cause remanded for the Court of Claims to enter judgment for appellant on the issue of liability, and to conduct further proceedings to determine damages.