GLADON, APPELLEE AND CROSS-APPELLANT,
v.
GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY, APPELLANT AND CROSS-APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted September 13, 1995 and December 13, 1995.
Decided March 6, 1996.
Attorney(s) appearing for the Case
Donald E. Caravona & Associates, Donald E. Caravona and Michael W. Czack, for appellee and cross-appellant.
Ulmer & Berne, F. Thomas Vickers and James A. Vollins, for appellant and cross-appellee.
Wanda Rembert Arnold and Inajo T. Davis, urging reversal for amicus curiae, Cleveland Board of Education.
John E. Gotherman and Malcolm C. Douglas, urging reversal for amici curiae, Ohio Municipal League, Ohio Municipal Attorneys Association, and Ohio Municipal Joint Self-Insurance Pool.
R. Todd Hunt, urging reversal for amici curiae, Ohio Township Association and Cuyahoga County Law Directors Association.
Malcolm C. Douglas; Ronald J. O'Brien, Columbus City Attorney, Sharon Sobol Jordan, Cleveland Director of Law, Faye D. Dupuis, Cincinnati City Solicitor, John H. Mattimoe, Toledo Director of Law, Mark S. Schmollinger, Toledo General Counsel, J. Anthony Sawyer, Dayton Director of Law, and Michael E. Murman, Lakewood Director of Law, urging reversal for amici curiae, cities of Columbus, Cleveland, Cincinnati, Toledo, Dayton, and Lakewood, Ohio.
Maribeth Deavers and D. Allen Asbury, urging reversal for amicus curiae, Central Ohio Transit Authority.
Rosplock, Curlson, Perez, Deeb & Ezzone and Donald J. Ezzone, urging reversal for amicus curiae, Laketran Regional Transit Authority.
Kitchen Deery & Barnhouse, Vincent A. Feudo, Eugene B. Meador and William F. Schmitz, urging reversal for amicus curiae, Ohio Risk Management Association.
Means, Bichimer, Burkholder & Baker Co., L.P.A., and Kimball H. Carey, urging reversal for amicus curiae, Ohio School Boards Association.
Peck, Shaffer & Williams and Thomas A. Luebbers, urging reversal for amicus curiae, County Commissioners Association of Ohio.
Mark W. Ruf, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.
Supreme Court of Ohio.
COOK, J.
Because we find another issue dispositive of this appeal, we fail to reach the substantial constitutional question regarding R.C. 2744.05(C) that we otherwise would have reached.1 We determine that the trial court erred in instructing the jury about plaintiff's legal status and RTA's corresponding duty. The trial court instructed the jury "as a matter of law that * * * the plaintiff was an invitee," and that as a result RTA was...
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