Monday, November 11, 2013

Pusey v. Bator case brief

Pusey v. Bator case brief summary
762 N.E.2d 968 (2002)

Plaintiff survivor mother appealed the judgment of the Court of Appeals (Ohio) which affirmed a trial court judgment for a directed verdict pursuant to Ohio R. Civ. P. 50(A) in a wrongful death action.


On appeal, the mother contended that the interim court erred in affirming the trial court's ruling directing a verdict in favor of defendant property owners who employed the security agency and nightwatchman who shot her son.


  • The appellate court found that even when viewed in the light most favorable to the mother, the evidence clearly established the security agency's status as an independent contractor. 
  • However, when armed guards were hired to deter vandals and thieves, it was foreseeable that someone might be injured by the inappropriate use of the weapon if proper precautions are not taken. 
  • Thus, such an injury was one that might have been anticipated as a direct or probable consequence of the performance of the work contracted for, if reasonable care was not taken in its performance.


The judgment was reversed and remanded.

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