Kleisch v. Cleveland State University
Ohio Court of Appeals
2006 Ohio 1300, 2006 WL 701047 (2006)
Kleisch (plaintiff) was a student at Cleveland State University (defendant). At 9:00 a.m. on a weekday morning, Kleisch was attacked and raped by a stranger in an empty classroom while studying for an exam that was scheduled to take place in that classroom approximately one hour later. Classrooms at the university, though they were able to be locked, were not locked between classes. Prior to Kleisch’s rape, there had been only one other rape within the past five years on campus, and that rape occurred 16 months prior in a restroom in another building. Kleisch filed a lawsuit against the university, alleging that the university had been negligent and breached a duty of care owed to her because her rape was foreseeable. The trial court entered a judgment in favor of the university, and Kleisch appealed.
Rule of Law
Holding and Reasoning (Petree, J.)
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