Price v. Dot's Super Market, Inc.

Ohio Court of Appeals

Price v. Dot's Super Market, Inc.

29 Ohio Law Rep. 53

Ohio Court of Appeals·Decided December 16, 1964·No. 38487·Published

Opinion

Appeal from the Court of Appeals for Montgomery County. Griffith, Judge.

Where a customer in a store is injured when a board covering an open channel in the floor gives way in an area traversed by many customers on the day of the injury, it is just as reasonable to infer that the dangerous condition causing the injury resulted from an act of a customer as to infer negligence on the part of the storeowner, and the doctrine of res ipsa loquitur is not applicable.

Judgment reversed.

Taft, C. J., Zimmerman, O’Neill and Gibson, JJ., concur. Matthias and Herbert, JJ., dissent.

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Appeal from the Court of Appeals for Montgomery County. Griffith, Judge.

Where a customer in a store is injured when a board covering an open channel in the floor gives way in an area traversed by many customers on the day of the injury, it is just as reasonable to infer that the dangerous condition causing the injury resulted from an act of a customer as to infer negligence on the part of the storeowner, and the doctrine of res ipsa loquitur is not applicable.

Judgment reversed.

Taft, C. J., Zimmerman, O’Neill and Gibson, JJ., concur. Matthias and Herbert, JJ., dissent.

Price v. Dot's Super Market, Inc., 29 Ohio Law Rep. 53 (Ohio Ct. App. 1964).

Pincite

29 Ohio Law Rep. 53 (Price v. Dot's Super Market, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.