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61 Ohio St. 2d 142

Pisel v. ITT Continental Baking Co.

Ohio Supreme Court

Decided February 6, 1980

Ohio Supreme Court · decided 1980-02-06

Relies on Hawkins v. Ivy

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-06

How this case has been cited

Cited by 15 later decisions — most recently May 2024

15 state decisions

4019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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William B. Brown, J.,

¶1dissenting. In the instant cause, the majority does not merely apply Hawkins v. Ivy (1977), 50 Ohio St. 2d 114. Rather, it sanctions a somewhat different approach to the issue of wanton misconduct with which I disagree. In Hawkins, we held that where the probability of harm was great, a tortfeasor’s complete failure “to exercise any care whatsoever” constituted wanton misconduct, entitling a plaintiff to a directed verdict. Here, the majority reads Hawkinsto imply that a similar tortfeasor is himself entitled to a directed verdict where such a complete failure to exercise any care is absent.

¶2I agree with Hawkinsinsofar as it establishes that an appropriate demonstration of a tortfeasor’s complete failure to exercise any care is sufficient to direct a verdict for a plaintiff on the issue of wanton misconduct. I do not agree with the majority that a plaintiff should be required to offer evidence tending to show a tortfeasor’s complete failure to exercise any care in order to survive a tortfeasor’s motion for a directed verdict. In the majority’s view, a tortfeasor need on*145ly show that he lifted a finger in order for his motion for a directed verdict to be granted. Surely, the issue of wanton misconduct cannot be determined without considering the precise interests compromised by the tortfeasor’s conduct.

¶3Moreover, the approach that the majority adopts makes it virtually impossible for a plaintiff to prevail on this issue. Contributory negligence has thus become, in effect, a defense to “wanton” misconduct, as well as to negligence. It should not be so easy for tortfeasors to escape liability.

Celebrezze, C. J., and Lynch, J., concur in the foregoing dissenting opinion.
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