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Keywords

defendantdamagesnegligencestatuteappealtrialsustained

plaintiffdefendantdamagesnegligencestatuteappealpleamotionsustainedappellantmotion to dismiss

Related Cases

Wery v. Seff, 136 Ohio St. 307, 25 N.E.2d 692, 16 O.O. 445

Facts

Charles A. Wery filed a petition against Harry H. Seff and his son Robert E. Seff, seeking damages for injuries sustained by Wery's wife when she was struck by Robert's automobile while crossing a street in Akron. The petition alleged that Harry allowed his underage son to operate the vehicle in violation of city ordinances, and that Robert drove negligently, failing to yield the right of way and control the vehicle properly. The defendants demurred on the grounds of misjoinder, which the trial court sustained, leading to the appeal.

Judgment of the Court of Appeals affirmed. Charles A. Wery, as plaintiff, filed his petition in the Court of Common Pleas of Summit county against Harry H. Seff and Robert E. Seff, a minor, designated as father and son, to recover damages for the loss of the services and consortium of his wife and for medical care and hospital expenses for which he was obligated by reason of physical injuries she was alleged to have sustained on October 19, 1938, through the combined negligence of the defendants.

Issue

Whether the trial court erred in sustaining the demurrers based on misjoinder of parties and causes of action.

The initial complaint of the defendants, appellants herein, is that the Court of Appeals committed prejudicial error in overruling their motion to dismiss the appeal.

Rule

The violation of a statute or ordinance that prescribes a rule of conduct constitutes negligence as a matter of law, and when two or more persons' concurrent negligence produces a single, indivisible injury, they are jointly and severally liable.

The violation of a statute or ordinance passed in the interests of public safety and prescribing a rule of conduct constitutes negligence as a matter of law.

Analysis

The court determined that both Harry H. Seff and Robert E. Seff were jointly and severally liable for the injuries sustained by Wery's wife due to their combined negligence. Harry's negligence stemmed from allowing his minor son to drive in violation of the ordinance, while Robert's negligence was in the manner he operated the vehicle. The court found that their actions directly contributed to the accident, thus justifying their joinder in the same action.

Within the above rule, the negligence of Harry H. Seff, as averred in the petition, consisted of permitting his fifteen-year-old boy to drive the automobile on the streets of the city of Akron in violation of the ordinance pleaded, thus providing the opportunity for the infliction of harm; the negligence of Robert E. Seff was the manner in which he drove the vehicle.

Conclusion

The Supreme Court of Ohio affirmed the judgment of the Court of Appeals, allowing the case to proceed against both defendants.

No error being discoverable in the judgment of the Court of Appeals, such judgment is affirmed.

Who won?

Charles A. Wery prevailed in the case as the Court of Appeals' reversal of the trial court's decision allowed his claims to proceed against both defendants.

The Court of Appeals reversed the judgment and remanded the cause to the Court of Common Pleas for further proceedings.

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