WILFONG v. BATDORF

Nos. 82-944 and 82-1091.

6 Ohio St. 3d 100 (1983)

WILFONG ET AL., APPELLANTS, v. BATDORF ET AL., APPELLEES. DARDIO, EXR., APPELLANT, v. BALTIMORE & OHIO RR. CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 3, 1983.


Attorney(s) appearing for the Case

Messrs. Frank W. Cubbon, Jr. & Associates Co., L.P.A., Mr. Guy T. Barone and Mr. Stuart F. Cubbon, for appellants in case No. 82-944.

Messrs. Neipp & Wingart and Mr. Edward A. Van Gunten, for appellees in case No. 82-944.

King, Hermon & Berry Co., L.P.A., Mr. James C. King, Messrs. Weger, Jauert & Herman and Mr. Douglas S. Jauert, for appellant in case No. 82-1091.

Messrs. Cory, Leonard, Witter & Cheney, Mr. Frank B. Cory, Messrs. Shumaker, Loop & Kendrick, Mr. Robert M. Anspach and Ms. Renee Birnbaum, for appellees in case No. 82-1091.


CLIFFORD F. BROWN, J.

These cases can be divided into two distinct issues. The first is whether the failure to give an audible signal by plaintiff-appellant Cindy Wilfong before attempting a passing maneuver was negligence per se and the proximate cause of the ensuing accident. The second, an issue common to both cases, is whether the doctrine of comparative negligence should have been applied as the standard by which to judge the conduct of the plaintiff and plaintiff...

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