JENNINGS BUICK, INC., v. CITY OF CINCINNATI

No. 79-975.

63 Ohio St. 2d 167 (1980)

JENNINGS BUICK, INC., APPELLEE, v. CITY OF CINCINNATI, APPELLANT.

Supreme Court of Ohio.

Decided July 16, 1980.


Attorney(s) appearing for the Case

Messrs. Graydon, Head & Ritchey, Mr. John B. Pinney and Mr. Thomas W. Kahle, for appellee.

Mr. Thomas A. Luebbers, city solicitor, and Ms. Patricia W. Morrison, for appellant.


Per Curiam.

In its first proposition of law, appellant contends that the right to rely upon the doctrine of res ipsa loquitur is waived where the plaintiff fails to indicate such reliance prior to the conclusion of trial. We disagree.

The doctrine of res ipsa loquitur is not a substantive rule of law furnishing an independent ground for recovery; rather, it is an evidentiary rule which permits, but does not require, the jury to draw an...

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