WAYNE MUTUAL INSURANCE Co. v. Mills, et al. 1996 WL 936780
Jul 31, 1996OUTCOME: reversed and remanded
1996 WL 936780 Court of Appeals, 9th District Wayne County, Ohio Insurance Coverage Declaratory Judgment Action
William Robert Joherl's Legal Cases (2)
Mentor, OH
Car accident Lawyer at Mentor, OH
Practice Areas: Car Accidents, Divorce & Separation ... +2 more
IN RE LEACH, 63 Ohio Misc.2d 181 (1993)
May 28, 1993OUTCOME: The court finds the applicant's contributory misconduct was causally related to the collision; however, his conduct was not substantial pursuant to the standard set forth in Spaulding.
On May 17, 1990, in Stark County, Ohio, the applicant, William R. Leach, suffered personal injury as a result of being struck by a motorcycle driven by an intoxicated offender, John Seabolt, while he w ... as jaywalking. The Attorney General for the State of Ohio investigated the applicant's claim and argued that it be denied pursuant to R.C. 2743.60(F) because the applicant engaged in contributory misconduct. However, I argued that pursuant to In re Spaulding (1991), 63 Ohio Misc.2d 39, 42, 619 N.E.2d 1199, 1201, "for an award of reparations to be denied, rather than reduced, as a result of contributory misconduct on behalf of the victim or applicant pursuant to R.C. 2743.60(F), there must be a showing of substantial contributory misconduct." (Emphasis added.)
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
