GOLDFUSS v. DAVIDSON

Nos. 95-2014 and 95-2031.

79 Ohio St.3d 116 (1997)

GOLDFUSS, ADMR., APPELLANT AND CROSS-APPELLEE, v. DAVIDSON, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 25, 1997.


Attorney(s) appearing for the Case

Don C. Iler Co., L.P.A., Don C. Iler and Nancy Iler, for appellant and cross-appellee.

Oldham & Dowling and William M. Oldham; Buckingham, Doolittle & Burroughs, David P. Bertsch and David W. Hilkert, for appellee and cross-appellant.


MOYER, C.J.

The administrator argues, inter alia, that the court of appeals erred by applying the plain error doctrine to reverse the judgment of the trial court. We concur, and find our affirmance on that issue to be dispositive of the appeal presented by the administrator.

This case was tried on the administrator's theory that Davidson, as the owner of property upon which Goldfuss entered as a trespasser, owed Goldfuss a duty of ordinary care in exercising...

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