Opinion

Chadwick v. Barba Lou, Inc.

  • 69 Ohio St. 2d 222
  • 23 Ohio Op. 3d 232
  • 431 N.E.2d 660
  • 1982 Ohio LEXIS 561
Court
Ohio Supreme Court
Filed
Feb 17, 1982
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, From, Holmes, Krupansky, Locher, Sweeney, Syllabus
Cited by
65 cases
Authority
More cited than 15.1%

explaining that the Court’s decision in Siegfried v. Railroad Co., 50 Ohio St. 294 (1893) represents “the seminal Ohio case holding that a truly voluntary dismissal does not constitute a ‘fail[ure] otherwise than upon the merits’ for purpose of the savings statute.”

How later courts described this case

  • explaining that the Court’s decision in Siegfried v. Railroad Co., 50 Ohio St. 294 (1893) represents “the seminal Ohio case holding that a truly voluntary dismissal does not constitute a ‘fail[ure] otherwise than upon the merits’ for purpose of the savings statute.”
  • defining “voluntary” as “proceeding . . . from one’s own choice or consent” (citation omitted)
  • recognizing that Civ.R. 41[A][l][a] “forbids a plaintiff from unilaterally withdrawing by notice once trial has been commenced”
  • stating that a dismissal without prejudice has no res judicata effect

Written by the judges who cited it.

The opinion

Holmes, J.,

concurring in part and dissenting in part.

I concur in the syllabus, but I must dissent from the judgment because the judgment n.o.v. as entered by the trial court was a correct one based upon the law. The evidence showed that the proximate cause of the fall was a natural accumulation of ice which, under Ohio law, the appellee had no duty to remove. Debie v. Cochran Pharmacy-Berwick (1967), 11 Ohio St. 2d 38 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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