Tuesday, September 24, 2019
At a Giant Eagle grocery store, one customer drives one of the motorized carts provided by Giant Eagle into another customer. The injured customer sues Giant Eagle for negligence and negligent entrustment. (The injured customer settled with the driver.) Plaintiff argued Giant Eagle failed to train customers to use their motorized carts, and this lack of training led to her injuries. Plaintiff won both compensatory and punitive damages at the trial level, and the intermediate appellate court affirmed with modifications. The Supreme Court of Ohio reversed, finding a lack of causation. The court found it was sheer speculation that the driving customer, who had driven these carts regularly for a year without incident, hit the injured customer because of a lack of training. Marianna Brown Bettman has extensive analysis at Legally Speaking Ohio.