Hitchens v. Hahn

In their propositions of law before this court, appellants contend that appellee was negligent per se as he failed to give a passing signal as required by R.C. 4511.27(A). Appellants argue that the ensuing collision was proximately caused, as a matter of law,, by appellee’s negligence. Accordingly, appellants assert that the trial court committed reversible error by failing to sustain appellants’ motion for a directed verdict.

Both parties cite our decision in Wilfong v. Batdorf (1983), 6 Ohio St. 3d 100, as controlling. Paragraph one of the syllabus in Wilfong holds:

“The mere failure of the…