Ohio Court of Appeals, 1983

Stinson v. Dragash

Stinson v. Dragash
Ohio Court of Appeals · Decided November 7, 1983 · Patton, Corrigan, McManamon
461 N.E.2d 329; 10 Ohio App. 3d 218; 10 Ohio B. 293; 1983 Ohio App. LEXIS 11147 (North Eastern Reporter, Second Series)

Stinson v. Dragash

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.