Lazar v. Cleveland Electric Illuminating Co.

The evidence presented in the Court of Common Pleas was clearly sufficient to justify a finding of negligence on the part of CEI. The jury’s determination in that regard has not been challenged. What remains at issue is whether the appellant, grievously injured as a result of contact with high tension lines, was contributorily negligent as a matter of law.

Ohio adheres to the common-law doctrine that, absent willful, wanton, or reckless misconduct on the part of a defendant,1 contributory negligence on the part of a plaintiff is an absolute bar to recovery in a negligence action. “ * * * the…