Gladon v. Greater Cleveland Regional Transit Authority

Because we find another issue dispositive of this appeal, we fail to reach the substantial constitutional question regarding R.C. 2744.05(C) that we otherwise would have reached.1 We determine that the trial court erred in instructing the jury about plaintiffs legal status and RTA’s corresponding duty. The trial court instructed the jury “as a matter of law that * * * the plaintiff was an invitee,” and that as a result RTA was “required to use ordinary care to discover and to avoid danger.” The trial court did not give the instruction that prior to discovering Gladon, RTA was obliged to…