Stinson v. Dragash

Ohio Court of Appeals

Stinson v. Dragash

461 N.E.2d 329, 10 Ohio App. 3d 218, 10 Ohio B. 293, 1983 Ohio App. LEXIS 11147

CourtOhio Court of Appeals

DecidedNovember 7, 1983

Docket46831

StatusPublished

This text of 461 N.E.2d 329 (Stinson v. Dragash) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stinson v. Dragash, 461 N.E.2d 329, 10 Ohio App. 3d 218, 10 Ohio B. 293, 1983 Ohio App. LEXIS 11147 (Ohio Ct. App. 1983).

Pincite

Opinion

Per Curiam.

This case is a negligence action in which the lower court granted summary judgment based upon the doctrine of contributory negligence. Since the doctrine of contributory negligence is no longer controlling in the state of Ohio, and “[t]he principle of comparative negligence, consistent with the provisions of R.C. 2315.19, applies to all negligence actions tried after June 20, 1980, irrespective of when the cause of action arose, as part of the common law of Ohio” (emphasis sic), this case is accordingly reversed and remanded. See Wilfong v. Batdorf (1983), 6 Ohio St. 3d 100, paragraph three of the syllabus.

Judgment reversed and cause remanded.

Patton, C.J., Corrigan and Ann McManamon, JJ., concur.

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Per Curiam.

This case is a negligence action in which the lower court granted summary judgment based upon the doctrine of contributory negligence. Since the doctrine of contributory negligence is no longer controlling in the state of Ohio, and “[t]he principle of comparative negligence, consistent with the provisions of R.C. 2315.19, applies to all negligence actions tried after June 20, 1980, irrespective of when the cause of action arose, as part of the common law of Ohio” (emphasis sic), this case is accordingly reversed and remanded. See Wilfong v. Batdorf (1983), 6 Ohio St. 3d 100, paragraph three of the syllabus.

Judgment reversed and cause remanded.

Patton, C.J., Corrigan and Ann McManamon, JJ., concur.

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Bluebook (online)

461 N.E.2d 329, 10 Ohio App. 3d 218, 10 Ohio B. 293, 1983 Ohio App. LEXIS 11147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-v-dragash-ohioctapp-1983.

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