Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1955–2024 · leading case:
State v. Adams, 2011 Ohio 4008 (Ohio Ct. App. 2011).
State v. Adams, 2011 Ohio 4008 (Ohio Ct. App. 2011).
· cites it 8× “The court found that officers had attempted to stop Defendant’s vehicle for what they reasonably believed was a violation of R.C. 4511.28. That section prohibits passing upon the right of another vehicle unless (1) the other vehicle “is making or attempting to make a left turn”…”
Mussivand v. David, 544 N.E.2d 265 (Ohio 1989).
· cites it 2× “2d 1307, 1309 , we found that negligence per se was not applicable to R.C. 4511.28 in that it did not “allude to the commission or omission of any specific act.”
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983).
· cites it 8× “*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
Johnson v. Greater Cleveland Reg'l Transit Auth., 2021 Ohio 938 (Ohio Ct. App. 2021).
· cites it 2× “The evidence also shows a dispute exists regarding (1) whether Bellaire Road where it intersects with Leeila Avenue is a one-lane road and (2) whether Jordan violated R.C. 4511.28 and C.C.O. 431.04 by passing the stopped vehicle on the right.”
Hubner v. Sigall, 546 N.E.2d 1337 (Ohio Ct. App. 1988).
· cites it 2× “See R.C. 4511.28. Once Gee became aware that she could not safely exercise her right, it was her duty to adjust her speed.”
McFarland v. Gillespie, 2019 Ohio 1050 (Ohio Ct. App. 2019).
· cites it 21× “Appellant contended that, from the testimony, the only reasonable conclusion which the jury could reach was that Barnes was negligent for violating R.C. 4511.28. Appellant also argued she was entitled to a new trial because evidence of the settlement with Gillespie was…”
Gardner v. XPO Logistics Freight, Inc., 2024 Ohio 4633 (Ohio Ct. App. 2024).
· cites it 2× ““Under R.C. 4511.28(A), a driver of a motor vehicle may overtake and pass on the right side of another vehicle only if the vehicle ‘overtaken is making or about to make a left turn’ or if there are two -9- Case No.”
City of Cuyahoga Falls v. Green, 678 N.E.2d 973 (Ohio Ct. App. 1996).
“” R.C. 4511.28(A)(1). If drivers of tractor-trailer rigs activated their left signal during the first stage of a wide right turn, other drivers might perceive that the truck was signaling for a left turn and attempt to pass on the right.”
Love v. Lewis, 488 N.E.2d 238 (Ohio Ct. App. 1985).
“In addition, if he was attempting to pass Fields on the right, he was in violation of R.C. 4511.28, which is an indicia of negligence, if not negligence per se.”
State v. Roberts, 2012 Ohio 4715 (Ohio Ct. App. 2012).
“{¶27} Finally, appellant argues that Bingham violated R.C. 4511.28, a provision prohibiting vehicles from passing on the right, and therefore, he was not reckless or even negligent when causing her death.”
State v. Vargo, 2018 Ohio 2487 (Ohio Ct. App. 2018).
“04, which parrots R.C. 4511.28, reads in pertinent part: (A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions: (1) When the vehicle or trackless trolley overtaken is…”
— Ohio Rev. Code § 4511.28(A) — 2 cases
Gardner v. XPO Logistics Freight, Inc., 2024 Ohio 4633 (Ohio Ct. App. 2024).
““Under R.C. 4511.28(A), a driver of a motor vehicle may overtake and pass on the right side of another vehicle only if the vehicle ‘overtaken is making or about to make a left turn’ or if there are two -9- Case No.”
— Ohio Rev. Code § 4511.28(A)(1) — 2 cases
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983).
“*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
City of Cuyahoga Falls v. Green, 678 N.E.2d 973 (Ohio Ct. App. 1996).
“” R.C. 4511.28(A)(1). If drivers of tractor-trailer rigs activated their left signal during the first stage of a wide right turn, other drivers might perceive that the truck was signaling for a left turn and attempt to pass on the right.”
— Ohio Rev. Code § 4511.28(A)(2) — 1 case
— Ohio Rev. Code § 4511.28(B) — 3 cases
Hubner v. Sigall, 546 N.E.2d 1337 (Ohio Ct. App. 1988).
“See R.C. 4511.28. Once Gee became aware that she could not safely exercise her right, it was her duty to adjust her speed.”
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983).
“*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
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