McCloy v. Allen

Summary

The Ohio Twelfth District Court of Appeals affirmed summary judgment for Dennis Wayne Allen and Jones Bros. Towing & Trucking, Inc. in Rebecca Anne McCloy's negligence and negligence per se action arising from a traffic accident. The court held that McCloy failed to present specific evidence creating a genuine issue of material fact concerning the defendants' alleged statutory violations, breach of duty, or causation.

Holdings

1. Summary judgment was properly granted because the defendants met their initial burden and McCloy failed to present specific evidence beyond the allegations in her pleadings showing a genuine issue of material fact regarding duty, breach, or proximate cause.
2. To avoid summary judgment on a negligence claim, a plaintiff must show that the defendant owed a duty of care, breached that duty, and proximately caused the plaintiff's injury.
3. Summary judgment was properly granted on the negligence per se claims because McCloy presented no Civ.R. 56 evidence establishing a statutory violation or proximate causation under R.C. 4511.22(A), 4511.66(A), or 4511.33(A)(1).

Questions Presented

1. Whether the trial court erred in granting summary judgment on McCloy's negligence claims.
2. Whether the trial court erred in granting summary judgment on McCloy's negligence per se claims based on alleged violations of R.C. 4511.22(A), 4511.66(A), and 4511.33(A)(1).
3. Whether McCloy presented specific Civ.R. 56 evidence demonstrating a genuine issue of material fact concerning breach, statutory violations, or proximate cause.

Disposition

affirmed