Warren v. Walsh

I respectfully dissent and would affirm the trial court's judgment in its entirely based on the manifest weight of the evidence.

For over one century the State of Ohio has charged all juries with the duty of weighing the evidence and assessing the credibility of witnesses. Hollenbeck v. McMahon (1875), 28 Ohio St. 1, at 9. It is axiomatic that in a negligence claim, a plaintiff must prove "the existence of a duty, a breach of duty and an injury resulting proximately therefrom." Menifee v. Ohio Welding Products Inc. (1984), 15 Ohio St. 3d 75, 77 (citations omitted).

Judgments which are supported…