Pace v. Ohio Department of Transportation
Court of Claims of Ohio
594 N.E.2d 187 (1991)
In December 1987, Michael Pace (plaintiff) was a passenger in a vehicle that was struck by a snowplow owned and operated by the Ohio Department of Transportation (ODOT) (defendant). The crash caused an impact to the small finger of Pace’s left hand, and hospital records indicate that Pace’s finger was swollen when he was brought in after the accident. Pace returned to the emergency room a few days later, after the swelling in his finger failed to subside. An infection had spread throughout Pace’s finger, and his finger was ultimately amputated. In 1989, Pace filed a complaint against ODOT for damages resulting from the loss of his finger. The negligence of ODOT in the crash was not in dispute, but ODOT argued that its negligence was not the proximate cause of the amputation because Pace was a diabetic and had negligently contributed to his own injuries after the initial accident.
Rule of Law
Holding and Reasoning (Leach, J.)
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