Holdshoe v. Whinery

The question presented is whether the defendant owes the plaintiff a duty to warn him of the danger of injury from possible negligent acts of third parties, or to act to prevent the plaintiff from sustaining injury from such acts of third parties, where the defendant knows or should know that such acts are likely to occur. This is a question of law of first impression in Ohio.

It is undisputed that while plaintiff was at the recreation area she was an invitee. See Scheibel v. Lipton (1951), 156 Ohio St. 308, 102 N. E. 2d 453; Restatement of the Law, Torts 2d, Section 332 (1965); Cf. The…