Stone v. McCullion

The single issue in this appeal is whether the trial court erred when it granted defendant’s motion to dismiss at the close of the plaintiffs case. We hold that the dismissal was against the manifest weight of the evidence before the court at that time. We sustain the single assignment of error.

The factual question before the court was whether plaintiff’s conduct after his arrest (for driving under the influence of alcohol in violation of R.C. 4511.19) constituted a refusal to submit to a chemical test of his blood, breath or urine under R.C. 4511.191. On the ground that plaintiff had…