Legal Opinion · Concurring in part, dissenting in part

Moore v. Honican

Ohio Court of Appeals

Decided May 4, 2011No. C-100432Published

1Concurring in part, dissenting in partDinkelacker, Presiding Judge

{¶ 30} While I agree with much of the analysis outlined by the majority, I conclude that Moore presented insufficient evidence to overcome summary judgment on the issue of whether Honican had acted wantonly.

{¶ 31} Last year, this court addressed the level of misconduct required to constitute wantonness.14 In that case, we wrote that “[wjanton or reckless misconduct is more than negligence. Wanton misconduct is the failure to exercise any care whatsoever. ‘[M]ere negligence is not converted into wanton misconduct unless the evidence establishes a disposition to perversity on the part of the…

2Cases cited6 opinions

  1. Fabrey v. McDonald Village Police DepartmentOhio Supreme Court · 1994
  2. Cater v. City of ClevelandOhio Supreme Court · 1998
  3. Marchetti v. KalishOhio Supreme Court · 1990
  4. Roszman v. SammettOhio Supreme Court · 1971
  5. Marchant v. GougeOhio Court of Appeals · 2010

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