Falzone v. Rutkowski

The cause is on appeal from a judgment of the Lucas County Court of Common Pleas.

The parties to this action have stipulated to the following facts. On February 13, 1986, plaintiff-appellant, James Falzone, who is legally blind, had just deboarded one of defendant-appellee Toledo Area Regional Transit Authority’s (“TARTA’s”) buses and was walking north on Fearing Avenue in Toledo. While walking on Fearing Avenue, appellant was struck by a motor vehicle driven by Thaddeus S. Rutkowski. Appellants settled their cause against Rutkowski who was dismissed as a party to this suit.

Ultimately,…