# City of Middletown v. Campbell

> Ohio Court of Appeals · September 17, 1990 · 69 Ohio App. 3d 411

URL: https://www.frixlaw.com/law-library/cases/3747395

## Case

- **Full name:** CITY OF MIDDLETOWN, Appellee, v. CAMPBELL, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** September 17, 1990
- **Citations:** 69 Ohio App. 3d 411; 590 N.E.2d 1301; 1990 Ohio App. LEXIS 4055
- **Precedential status:** Published
- **Opinion:** Dissent by Koehler
- **Judges:** Hendrickson, Jones, Koehler
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3747395

## Opinion text

Koehler, Judge,
dissenting.
It is difficult to consider an appeal from a conviction for vehicular homicide without compassion for the victim. The transcript of proceedings in this cause reflects testimony elicited by the prosecution relative to and the nature of the fatal injuries which were not at issue and not necessary in prosecuting the charge.
I believe that the majority in its consideration of the meaning of “a substantial lapse from due care” has allowed this testimony to raise appellant's active or passive negligence to criminal negligence.
Accordingly, I must dissent from the affirmation of appellant’s conviction for vehicular homicide.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3747395. Public record. Not legal advice.