2012 Ohio 2636
Ohio Ct. App.2012Background
- Tarantino sued Cavaliers Operating Co. for personal injury from an incident at a Cavs game on March 19, 2009.
- Mascot Moondog allegedly grabbed Tarantino’s hand and twisted his finger while Tarantino was photographing the mascot.
- Tarantino waited four days to seek medical treatment for the hand injury.
- Cavs moved for summary judgment, arguing lack of foreseeability and causation; Tarantino lacked an expert report.
- Tarantino moved for partial summary judgment on liability; the trial court denied the partial motion and later granted summary judgment to Cavs, which Tarantino appealed.
- This appeal was assigned to the accelerated calendar, and the appellate court sustained Tarantino’s first assignment of error while dismissing jurisdiction over the second.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a duty existed and summary judgment was proper | Tarantino argues there is a genuine issue on duty | Cavs contend no duty due to lack of foreseeability and causation | No; the court found a genuine issue on foreseeability and duty |
| Whether the trial court correctly denied partial summary judgment on liability | Tarantino believed liability could be established without expert report | Cavs argued lack of causation and no applicable expert report | The court lacked jurisdiction to review this issue; reversed for further proceedings |
Key Cases Cited
- Gedeon v. E. Ohio Gas Co., 128 Ohio St. 335 (1934) (foreseeability and duty framework for negligence)
- Menifee v. Ohio Welding Prods., Inc., 15 Ohio St.3d 75 (1984) (duty and foreseeability in negligence; standard principles)
- Adelman v. Timman, 117 Ohio App.3d 544 (1997) (existence of duty; foreseeability in Ohio courts)
- Deutsch v. Birk, 189 Ohio App.3d 129 (2010) (summary judgment standards; de novo review)
- Schura v. Marymount Hosp., 8th Dist. No. 94359, 2010-Ohio-5246 (2010) (evidence on causation and admissibility under Civ.R. 56)