Decisions From Ohio Courts January 2008

Animal Attacks

Wilson v. Lee (2^nd App. Dist.)

Dog bite, ownership of animal
Dog-bite victim brought personal injury action against alleged owners, keepers, and /or harborers of Cane Corso dog, seeking damages for injuries arising when dog bit her in the face. Court of Common Pleas, Montgomery County, entered default judgment against of one of the defendants, awarding victim $69,396.95, and overruled defendant's motion for relief from judgment. Defendant appealed.
Held: Defendant who alleged he did not own the dog would be granted relief from default judgment in dog bite case.

Insurance

Carter v. Adams (1^st App. Dist.)

Liability insurer, assault and battery
In patron's suit against bar owner, owner filed third-party action against its liability insurer for declaratory judgment on duty to defend suit arising out of gunshot injury to patron. Insurer counterclaimed for declaratory judgment that assault and battery exclusion barred coverage. Court of Common Pleas, Hamilton County, entered summary judgment in favor of insurer. Owner appealed.
Held: Shooting a victim with gun was an "assault" and "battery" within the meaning of assault and battery exclusion therefore the coverage was not applicable.

Labor and Employment

State ex rel. Gilbert v. Indus. Comm (Ohio Supreme Court)

Worker's compensation, violation of specific safety requirement, air contaminants.
Held: Occupational disease does not necessarily establish hazardous concentration of air contaminant.

Negligence

Hoskins v. Simones (2^nd App. Dist.)

Driver's negligence, negligent entrustment claim.
Car accident victim sued driver of the other vehicle for negligence and owner of car for negligent entrustment. After trial on issue of driver's liability alone, the jury returned a verdict for the victim, and the car owner moved for dismissal of negligent entrustment claim. Court of Common Pleas, Montgomery County, directed a verdict for the owner. The victim appealed.
Held: Jury award of damages for a driver's negligence did not preclude trial on a negligent entrustment claim; such claim could be brought at a later time.

McGrane v. Lighthouse Inn (6^th App. Dist.)

Duty, intentional acts of others
Three wedding guests who were assaulted by the groom's brother at a wedding reception and the mother of the bride filed a complaint against the reception hall that alleged the hall employees negligently served alcohol to an intoxicated person, the groom's brother, and/or failed to take steps to control his activities.
Held: A reception hall did not owe a duty to wedding guests to warn or protect them from injury caused by the intentional acts of other guests who were served alcohol at the hall.

Products Liability

Nichols v. A.W. Chesterton Co. (12 App. Dist.)

Asbestos, exposure, manufacturers and sellers
Individuals who allegedly contracted colon cancer as a result of their exposure to asbestos sued manufacturers and sellers of asbestos or asbestos-containing products or machinery. The Court of Common Pleas, Butler County, overruled defendants' motion to dismiss, and they appealed.

Held: Colon-cancer claims were not subject to statutory requirements for prima facie showing of asbestos-related physical impairment.