Westinghouse Electric Corp. v. Dolly Madison Leasing & Furniture Corp.

326 N.E.2d 651, 42 Ohio St. 2d 122, 71 Ohio Op. 2d 85, 1975 Ohio LEXIS 470
CourtOhio Supreme Court
DecidedApril 16, 1975
DocketNo. 74-504
StatusPublished
Cited by67 cases

This text of 326 N.E.2d 651 (Westinghouse Electric Corp. v. Dolly Madison Leasing & Furniture Corp.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Westinghouse Electric Corp. v. Dolly Madison Leasing & Furniture Corp., 326 N.E.2d 651, 42 Ohio St. 2d 122, 71 Ohio Op. 2d 85, 1975 Ohio LEXIS 470 (Ohio 1975).

Opinion

-I-

Stern, J.

The primary issue is whether defendant was entitled to a directed verdict on the ground that there was insufficient evidence from which the jury could infer that careless smoking was the cause of the fire. The only evidence of the cause of the fire was circumstantial evidence and expert testimony. Defendant argues that careless smoking was only one of several equally probable causes, and that plaintiffs faffed to effectively eliminate those pauses,

[126]*126This argument relies largely upon this court’s decision in Gedra v. Dallmer Co., supra (153 Ohio St. 258). The syllabus of that case provides:

“1. In a negligence action, it is essential for recovery that plaintiff prove by a preponderance of evidence not only that defendant was negligent but also that defendant’s negligence was a direct or proximate cause of plaintiff’s injury.

“2. In a negligence action, it is not sufficient for plaintiff to prove that the negligence of defendant might have caused an injury to plaintiff but, if the injury complained of might well have resulted from any one of several causes, it is incumbent upon plaintiff to produce evidence which will exclude the effectiveness of those causes for which defendant is not legally responsible.

“3. In such an action, if the cause of an injury to a plaintiff may be as reasonably attributed to an act for which defendant is not liable as to one for which he is liable, the plaintiff has not sustained the burden of showing that his injury is a proximate result of the negligence of the defendant.”

A similar rule was applied in other cases: Gerich v. Republic Steel Corp. (1950), 153 Ohio St. 463, 92 N. E. 2d 393; Landon v. Lee Motors (1954), 161 Ohio St. 82, 118 N. E. 2d 147; Burens v. Indus. Comm. (1955), 162 Ohio St. 549, 124 N. E. 2d 724; Brecount v. Procter & Gamble Co. (1957), 166 Ohio St. 477, 144 N. E. 2d 189; McKee v. Electric Auto-Lite Co. (1958), 168 Ohio St. 77, 151 N. E. 2d 540; Hoppe v. Indus. Comm. (1940), 137 Ohio St. 367, 30 N. E. 2d 703.

The logic of those cases is that a jury verdict may not be based upon mere speculation or conjecture. In each case, the plaintiff’s evidence was held to be either incomplete or so inconclusive that no inference could reasonably be drawn which would support plaintiff’s claim. Thus, it was held that one could not reasonably infer, solely from the fact that a man collapsed at work, that his death was caused by preexisting heart ailment, where no evidence was offered of such ailment (Gerich v. Republic Steel Corp., [127]*127supra); that an injury to one eye caused glaucoma in both eyes, since the medical cause of glaucoma was unknown (Brecount v. Procter & Gamble Co., supra); or that a heart attack was induced by injuries to the head, where it was impossible to determine that the injuries were not caused by the fall which resulted from the heart attack (Burens v. Indus. Comm., supra).

In similar cases, it is sometimes said that where the probabilities are evenly balanced between negligence and its absence, it is the duty of the court to find that the plaintiff’s burden of proof has not been met. Such language is incorrect to the extent it suggests that the court is assuming the jury’s function of weighing the evidence. More accurately, the court is to direct a verdict where the evidence is either defective because some crucial link in the evidence is missing, or is so imponderable that no one can reasonably say that the evidence tends to or fails to establish negligence.

Where there is a failure to warrant an inference of negligence, the rule in Gedra applies. That rule merely states the logical principle that where several reasonable explanations of an event are possible, the disproof of all but one necessarily acts as the proof of that one, and there are cases where this method of proof is the only way in which plaintiff can make his case. The rule does not intrude on the jury’s role as the finder of facts, nor does it impose on a plaintiff the burden of always effectively eliminating all other possible causes in order to malee his case, which would impose a burden of proof analogous to the burden in criminal cases of proof beyond a reasonable doubt. Rather, the rule holds that where the facts from which an inference of probable proximate cause must be drawn are such that it is as reasonable to infer other causes, plaintiff has failed to supply proof of probable cause. WTiere plaintiff has only presented proof that the actual cause was one of a number of possibilities, to enable an inference to be drawn that any particular cause is probable, the other causes must be eliminated.

The application of this rule depends upon the facts of [128]*128each individual case. In Gedra, for example, the plaintiff was seated in a theater when she was bitten or scratched by a rat. There was evidence that in proximity to the theater were restaurants and grills which became breeding places for rats. Since a rat could have come into the theater from one of those breeding places, regardless of any precautions that the owner of the theater might take to prevent rats, the court held that there was no evidence that plaintiff would not have been bitten or scratched but for defendant’s negligence. “Assuming the rat which injured plaintiff could have originated in defendant’s theater, it is equally certain that the rat could have originated from premises over which defendant had no control and that it got into defendant’s theater without any negligence on the part of defendant. In such a situation the law is that there can be no guessing by either court or jury. There must be some evidence, direct or inferential, that the agency which produces an injury is the result of the negligence of a defendant before he can be held liable therefore *• * Gedra v. Dallmer Co., supra, at 265.

In the instant case, unilce in Gedra, there was sufficient proof offered from which it was reasonable to infer that the fire was caused by the negligence of Jones, defendant’s employee. There was testimony to the effect that Jones was in the vicinity of the closet which was the point of origin of the fire; that he was smoking; that he would probably have had to dispose of a cigarette butt while near the closet; that there were flammable materials in the closet and paper which could be set on fire by a dropped cigarette; and that the interval of time before the discovery of the fire was compatible with a fire caused by a dropped cigarette. The testimony on these facts was disputed, and the jury could have chosen to disbelieve any or all of them, but the theory was nonetheless one upon which reasonable minds could differ, and therefore raised a question for the jury.

Defendants suggested that other causes of the fire were possible, such as spontaneous combustion, arson, or sparks from a locomotive. However, all these possible causes were [129]*129questions of fact for the jury and none acted to prevent the drawing of an inference of defendant’s liability, as they would, for example, if they established that some other cause was the only one possible.

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Cite This Page — Counsel Stack

Bluebook (online)
326 N.E.2d 651, 42 Ohio St. 2d 122, 71 Ohio Op. 2d 85, 1975 Ohio LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westinghouse-electric-corp-v-dolly-madison-leasing-furniture-corp-ohio-1975.