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BENNETT v. STANLEY

No. 00-108.

92 Ohio St.3d 35 (2001)

BENNETT, ADMR., APPELLANT, v. STANLEY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 13, 2001.

Attorney(s) appearing for the Case

McCauley, Webster & Emrick and James H. McCauley, for appellants.

Theisen, Brock, Frye, Erb & Leeper Co., L.P.A., John E. Erb and Abe Sellers, for appellees.

A. William Zavarello Co., L.P.A., Rhonda Gail Davis and A. William Zavarello, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

PFEIFER, J.

In this case we are called upon to determine what level of duty a property owner owes to a child trespasser. We resolve the question by adopting the attractive nuisance doctrine set forth in Restatement of the Law 2d, Torts (1965), Section 339. We also hold that an adult who attempts to rescue a child from an attractive nuisance assumes the status of the child, and is owed a duty of ordinary care by the property owner.

Factual and Procedural...

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