# Chadwick v. Barba Lou, Inc.

> Ohio Supreme Court · February 17, 1982 · 69 Ohio St. 2d 222

URL: https://www.frixlaw.com/law-library/cases/6757480

## Case

- **Full name:** Chadwick v. Barba Lou, Inc.
- **Court:** Ohio Supreme Court
- **Decided:** February 17, 1982
- **Citations:** 69 Ohio St. 2d 222; 23 Ohio Op. 3d 232; 431 N.E.2d 660; 1982 Ohio LEXIS 561
- **Precedential status:** Published
- **Opinion:** Concurrence by Holmes
- **Judges:** Brown, Celebrezze, From, Holmes, Krupansky, Locher, Sweeney, Syllabus
- **Cited by:** 65 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/6757480

## How later opinions describe it (automated extraction)

- 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.”
- 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

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757480. Public record. Not legal advice.