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Trial court erred when, consistent with our holding in Didier v. Johns (1996), 114 Ohio App.3d 746, the court applied the doctrine of intervening/superseding cause to grant Defendants motion for summary judgment on Plaintiffs claims for personal injuries and property loss arising from a collision of motor vehicles, on findings that the Plaintiffs negligence per se in violating the assured clear distance statute, and the lack of any intervening negligence on the part of other drivers involved in the episode, prevents a finding that the Defendants prior alleged negligence was also a proximate cause of Plaintiffs injuries and losses, when reasonable minds could conclude that the concurrent negligences of Plaintiff and Defendant were each a proximate cause, requiring a jury determinati...
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Negligence, pedestrian, right-of-way, summary judgment, collision, implied crosswalk, unmarked crosswalk, assured clear distance ahead.
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Assured clear distance
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TRAFFIC - R.C. 4511.21; assured clear distance ahead statute; skid steer; accident; path of travel; reasonably discernable; sufficient evidence.
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Automobile damage, fallen tree. Plaintiff violated assured clear distance law. Burden of proof, duty of care. Judgment for defendant.
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ASSURED CLEAR DISTANCE AHEAD; SUMMARY JUDGMENT
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MOTION FOR DIRECTED VERDICT; CIV.R. 50(A)(4); RIGHT OF WAY; YIELD; CENTER TURN LANE; PASSING LANE; ASSURED CLEAR DISTANCE; MANIFEST WEIGHT OF EVIDENCE.
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Manifest weight; assured clear distance; R.C. 4511.21(A); jury instructions; negligence.
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Automobile damage, fallen tree. No notice. Burden of proof, duty of care. Plaintiff violated assured clear distance law. Judgment for defendant.
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Negligence; motor vehicle driver; pedestrian; duty of care; assured clear distance; right-of-way; summary judgment.