Junge v. Brothers

The question presented by this appeal is whether the court of appeals correctly ruled that appellant was not entitled to a new trial which would be controlled by the principle of comparative negligence. For the reasons to follow, this court holds that appellant should be granted a new trial.

In Wilfong v. Batdorf supra, we overruled Viers v. Dunlap (1982), 1 Ohio St. 3d 173, and Straub v. Voss (1982), 1 Ohio St. 3d 182, and held at paragraph three of the syllabus:

“The principle of comparative negligence, consistent with the provisions of R.C. 2315.19, applies to all negligence actions tried…