Kimball rule (Ohio) · Go Syfert
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Kimball rule in Ohio

8 Ohio opinions name it 1 courts 1987–2008 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Helms v. James Dickey Post No. 23, American Legion, Inc.green
ohio · 1966 · cited in 3 Ohio opinions naming this issue, 1998–1999
2 sentences

1999In Helms v. American Legion, Inc. (1966), 5 Ohio St.2d 60 , the Supreme Court extended the Kimball rule to privately owned premises.

1999In Helms v. American Legion, Inc. (1966), 5 Ohio St.2d 60 , the Supreme Court extended the Kimball rule to privately owned premises.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Cash v. City of Cincinnati green
ohio · 1981
2 sentences

2000We explained the Kimball rule, on which the trial court based summary judgment, in Acord v. Speedee Centers South, Inc. (May 7, 1997), Scioto App. No. 96CA2450, unreported, by stating: We have, on prior occasions, visited the issue of liability for so-called "sidewalk deviations" see Sheets v. Bd. of Comm. of Scioto Co. (Dec. 22, 1992), Scioto App. No. 2051, unreported (Stephenson, J., concurring); Ballein v. City of Hillsboro (Dec. 7, 1995), Highland App. No. 95CA872, unreported; Scalf v. Heilig-Meyers Furniture (Aug. 8, 1996), Scioto App. No. 95CA2399, unreported, consistently applying what

2000We explained the Kimball rule, on which the trial court based summary judgment, in Acord v. Speedee Centers South, Inc. (May 7, 1997), Scioto App. No. 96CA2450, unreported, by stating: We have, on prior occasions, visited the issue of liability for so-called "sidewalk deviations" see Sheets v. Bd. of Comm. of Scioto Co. (Dec. 22, 1992), Scioto App. No. 2051, unreported (Stephenson, J., concurring); Ballein v. City of Hillsboro (Dec. 7, 1995), Highland App. No. 95CA872, unreported; Scalf v. Heilig-Meyers Furniture (Aug. 8, 1996), Scioto App. No. 95CA2399, unreported, consistently applying what

41987–2006
Jenks v. Barberton, Unpublished Decision (3-9-2005) green
ohioctapp · 2005
1 sentence

2008No. 22300, 2005-Ohio-995 , at ¶ 16 , quoting McGuire v. Sears, Roebuck Co. (1996), 118 Ohio App.3d 494 , 499 .

12008–2008
McGuire v. Sears, Roebuck & Co. green
ohioctapp · 1996
1 sentence

2008No. 22300, 2005-Ohio-995 , at ¶ 16 , quoting McGuire v. Sears, Roebuck Co. (1996), 118 Ohio App.3d 494 , 499 .

12008–2008
Stockhauser v. Archdiocese of Cincinnati green
ohioctapp · 1994
2 sentences

1998In McGuire v. Sears, Roebuck & Co., this court held: “[T]he modern formulation of the ‘Kimball rule’ [is] a presumption that height differences on public or private sidewalks of two inches or less are insubstantial or trivial as a matter of law, absent evidence of other ‘attendant circumstances’ making the difference in elevation unreasonably [un]safe. * * * “[T]here is no precise definition of ‘attendant circumstances,’ but they generally ' include ‘ “any distraction that would come to the attention of a pedestrian in the same circumstances and reduce the degree of care an ordinary person wou

1998In McGuire v. Sears, Roebuck & Co., this court held: “[T]he modern formulation of the ‘Kimball rule’ [is] a presumption that height differences on public or private sidewalks of two inches or less are insubstantial or trivial as a matter of law, absent evidence of other ‘attendant circumstances’ making the difference in elevation unreasonably [un]safe. * * * “[T]here is no precise definition of ‘attendant circumstances,’ but they generally ' include ‘ “any distraction that would come to the attention of a pedestrian in the same circumstances and reduce the degree of care an ordinary person wou

11998–1998

Where else courts name it

OH 8 (1987–2008) PA 2 (1996–2015) FL 2 (2005–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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