Torts Keyed to Dobbs
Gladon v. Greater Cleveland Regional Transit Auth
Plaintiff boarded Defendant’s train after attending a Cleveland Indians baseball game. He was assaulted after mistakenly alighting from the train. At some point, Plaintiff ended up on the tracks with a train approaching. The train’s operator was unable to brake in time and the train struck Plaintiff causing him serious and permanent injuries. Plaintiff filed suit against the Defendant, alleging negligent security and negligent operation. The trial court dismissed the security claim, but permitted the negligent operation claim to proceed to trial. A jury found for Plaintiff and awarded damages. The trial court instructed the jury to consider the question of whether the evidence showed Plaintiff was an invitee, and thus entitled to the heightened duty owed by one of that status.
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