Darcy v. Bender

This appeal arises after the trial court directed a verdict on the issue of negligence against the defendant. We reverse.

Facts

Plaintiff-appellee Theresa M. Darcy was driving her six-year-old daughter and her teenaged babysitter to school when her car and a car driven by Virginia Bender collided. Darcy sued Bender for personal injuries. The defendant, Bender, died; and, Ernest R. Bender, the administrator of her estate, was substituted as a party defendant. At trial, the “Dead Man’s Statute” (R. C. 2317.03) precluded testimony from the parties to the action as to the issue of negligence. The…