Love v. Lewis

The principal question raised by this appeal is whether the concurrent dismissals of both plaintiffs’ claim and defendant’s counterclaim were proper when the evidence demonstrates the negligence of both parties. We have found no Ohio decision directly on point. We find that the judgment standing alone, without either findings of fact and conclusions of law or an explanatory entry, is insufficient. The only way that the trial court could have reached such a judgment would have been to find that neither party was negligent, and as plaintiffs allege in their single assignment of error, such a…