SHINAVER v. SZYMANSKI

No. 83-1503.

14 Ohio St. 3d 51 (1984)

SHINAVER, EXR., ET AL., APPELLANTS, v. SZYMANSKI ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 5, 1984.


Attorney(s) appearing for the Case

Mr. Lawrence T. Curtis and Mr. Wilbur C. Jacobs, for appellants.

Messrs. Eastman & Smith, Mr. David F. Cooper, Mr. Richard L. Berry, Jr., and Mr. Rudolph A. Peckinpaugh, Jr., for appellee Roy Scherzer and Indianhead Truck Line, Inc.

Messrs. Jones, Schell & Schaefer and Mr. Stephen A. Schaefer, for appellee Mark B. Allen.


CLIFFORD F. BROWN, J.

This appeal raises the question of whether plaintiff-appellant was prejudiced by the lower courts' failure to apply the concept of comparative negligence to the instant facts.

R.C. 2315.19(A)(1) provides in pertinent part:

"In negligence actions, the contributory negligence of a person does not bar the person or his legal representative from recovering damages that have directly and proximately resulted from the negligence of...

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