Gladon v. Greater Cleveland Regional Transit Authority

662 N.E.2d 287 (1996)

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Gladon v. Greater Cleveland Regional Transit Authority

Ohio Supreme Court
662 N.E.2d 287 (1996)

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Facts

Two men assaulted Robert Gladon (plaintiff) while he was in a train station owned by RTA (defendant). As a result, Gladon ended up on the railway tracks. An RTA train approached Gladon, traveling at twenty miles per hour with its lights on. The driver saw Gladon and braked hard, eventually activating the emergency brake. The train collided with Gladon, causing him serious injuries. Gladon brought a negligence claim against RTA, and the trial court denied RTA’s motion for directed verdict. After determining that Gladon was an invitee, the court charged the jury to find RTA negligent if the driver had failed to exercise ordinary care in discovering Gladon on the tracks or failed to exercise ordinary care to avoid injuring Gladon. The jury returned a verdict in favor of Gladon. The appellate court affirmed and RTA appealed to the Ohio Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cook, J.)

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