Legal Opinion

Davis v. Wal-Mart Stores, Inc.

Ohio Supreme Court

Decided October 31, 2001No. 00-1145PublishedCited by 56 opinions

1Opinion of the CourtPfeifer, J.

On September 10, 1992, Thomas Davis was fatally injured, while operating a forklift, when the driver of the produce truck he was unloading pulled away from the loading dock prematurely. As a result of this incident, appellee Bernadine Davis, the wife of Thomas Davis, brought an action against appellant Wal-Mart Stores, Inc. (“Wal-Mart”) and a co-worker. Davis settled the claim with the co-worker and dismissed her survivor claim against Wal-Mart. Davis’s remaining claim for wrongful death against Wal-Mart, based upon an intentional tort, was tried to a jury.

The jury found for Davis and awarded…

2Cases cited3 opinions

  1. Grava v. Parkman TownshipOhio Supreme Court · 1995
  2. Moskovitz v. Mt. Sinai Medical CenterOhio Supreme Court · 1994
  3. Smith v. Howard Johnson Co.Ohio Supreme Court · 1993

3Cited by56 opinions

  1. Dardinger v. Anthem Blue Cross & Blue ShieldOhio Supreme Court · 2002
  2. State ex rel. Coles v. GranvilleOhio Supreme Court · 2007
  3. Dardinger v. Anthem Blue Cross & Blue SheildOhio Supreme Court · 2002
  4. State ex rel. Commt. for the Referendum of Lorain Ordinance No. 77-01 v. Lorain Cty. Bd. of ElectionsOhio Supreme Court · 2002
  5. Keith Wilkey v. Greg HullCourt of Appeals for the Sixth Circuit · 2010

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