LOMBARDO v. DE SHANCE

No. 35279.

167 Ohio St. 431 (1958)

LOMBARDO, APPELLEE, v. DE SHANCE, A MINOR, APPELLANT.

Supreme Court of Ohio.

Decided April 16, 1958.


Attorney(s) appearing for the Case

Mr. Henry C. Lavine and Mr. Alan Meltzer, for appellee.

Messrs. Paynter & Green, for appellant.


TAFT, J.

In view of our decision in Manker v. Shaffer, 161 Ohio St. 285, 118 N.E.2d 641, the allegations of the petition were probably sufficient, under the rule of res ipsa loquitur, to raise a jury question as to whether defendant's negligence was a proximate cause of plaintiff's injuries. However, there are no allegations in the petition which can be construed as allegations of "willful or wanton misconduct...

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