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Gladon v. Greater Cleveland Regional Transit Authority

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


Facts

Gladon (plaintiff) was inside a train station owned by RTA (defendant). Gladon was inebriated and got into a fight with two other men. Gladon either fell or was pushed onto the train 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.

Rule of Law

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Issue

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Holding and Reasoning (Cook, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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