GELBMAN v. SECOND NATL. BANK OF WARREN

No. 83-297.

9 Ohio St. 3d 77 (1984)

GELBMAN ET AL., APPELLANTS, v. THE SECOND NATIONAL BANK OF WARREN, TRUSTEE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 25, 1984.


Attorney(s) appearing for the Case

Messrs. Pfau, Jones & Pfau and Mr. William E. Pfau, Jr., for appellants.

Mr. William D. Keast. for appellees.


Per Curiam.

The issue before us is whether we should impose an affirmative duty on a property owner to protect third parties from the negligent acts of business invitees which occur outside the owner's property and are beyond the owner's control. We decline to impose such a duty.

In Ohio it is well-established that liability in negligence will not lie in the absence of a special duty owed by the defendant. Strother v. Hutchinson (1981...

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