Ohio Supreme Court, 1990

Grossman v. Hawkes Hospital

Ohio Supreme Court · Decided June 27, 1990 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

52 Ohio St. 3d 87; 556 N.E.2d 180; 1990 Ohio LEXIS 258

Cases that cite this one

2 later published cases cite this decision.

Stearns Lehman, Inc. v. Davis Excavating, Unpublished Decision (10-29-1999) (Ohio Ct. App. 1999)
Smart v. Nystrom (Ohio Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Plaintiff Grossman

*88apparently injured himself in a fall from unknown causes. “It is rudimentary that in order to establish actionable negligence, one must show the existence of a duly, a breach of the duty, and an injury resulting proximately therefrom.” Menifee v. Ohio Welding Products, Inc. (1984), 15 Ohio St. 3d 75, 77, 15 OBR 179, 180, 472 N.E. 2d 707, 710. After considering the entire record, we agree with the trial court. Plaintiffs failed to establish facts from which reasonable minds could conclude that defendant hospital breached any duty to Grossman proximately causing his injuries. Civ. R. 50(A)(4); Annotation, Hospital’s Liability to Patient Injured Going To or Using Bathroom or Toilet Facilities (1971), 36 A.L.R. 3d 1235. See, also, Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317, 4 O.O. 3d 466, 364 N.E. 2d 267.

Accordingly, the judgment of the court of appeals is reversed and the judgment of the trial court is reinstated.

Judgment reversed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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