Gable v. Village of Gates Mills

2 Citing cases

  1. Hild v. Samaritan Health Partner

    2023 Ohio 2408 (Ohio Ct. App. 2023)   Cited 1 times

    Finally, the few cases from the two remaining appellate districts either are of little assistance or do not impact the analysis. In Gable v. Gates Mills, 151 Ohio App.3d 480, 2003-Ohio-399, 784 N.E.2d 739 (8th Dist.), rev'd on other grounds, 103 Ohio St.3d 449, 2004-Ohio-5719, 816 N.E.2d 1049, the Eighth District Court of Appeals distinguished O'Connell because the case before it involved two independent causes of action. Thus, a juror dissenting on one cause of action was able to sign a general verdict in the defendant's favor.

  2. Fritz v. Wright

    589 Pa. 219 (Pa. 2006)   Cited 23 times   1 Legal Analyses
    Holding that Pennsylvania Constitution did not require a "same-juror" rule

    For example, in a case where the plaintiff had a product liability claim based on defective design and another claim based on failure to warn, the Court of Appeals of Ohio held that a juror who dissented on one theory was free to vote on the other, because the claims were "separate and unrelated" and were "two distinct causes of action." Gable v. Village of Gates Mills, 151 Ohio App.3d 480, 784 N.E.2d 739 (Ohio Ct.App. 2003), rev'd on other grounds, 103 Ohio St.3d 449, 816 N.E.2d 1049 (Ohio 2004). The jury's verdict in this case was for Appellant in the amount of $51,300.