Burke v. Schaffner
683 N.E.2d 861 · Ohio Court of Appeals · 1996
Facts
Gary Burke was injured when a pickup truck accelerated, pinning him. He and his wife sued Kerri Schaffner, a passenger, alleging she negligently stepped on the accelerator. The driver, Martin Malone, was not sued, and the Burkes settled with him and attempted to exculpate him at trial. The jury found Schaffner not negligent.
Issue
Did the trial court err by not applying the doctrine of alternative liability and denying the plaintiffs' motion for a directed verdict, given that only one of two potential tortfeasors was named as a defendant?
Holding
No, the appellate court affirmed the trial court's decision, holding that alternative liability was inapplicable because not all potential tortfeasors were named as defendants, and the plaintiffs attempted to exculpate the non-defendant driver. Therefore, the trial court properly denied the motion for a directed verdict.
Rule
The doctrine of alternative liability requires that all potential tortfeasors be named as defendants and that the plaintiff prove each defendant acted tortiously before the burden shifts to the defendants to disprove causation. It does not apply when only one potential tortfeasor is sued and the other is not.
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