Burke v. Schaffner
683 N.E.2d 861 · Ohio Court of Appeals · 1996
Facts
Gary Burke was seriously injured when he was pinned between a pickup truck and a parked car. The Burkes sued Kerri Schaffner, alleging she negligently stepped on the accelerator while moving in the truck, causing the incident. Martin Malone, the driver, denied fault, suggesting Schaffner was responsible, but was not sued by the Burkes. The jury found Schaffner not negligent, and the Burkes appealed, arguing the trial court erred by not applying alternative liability.
Issue
Did the trial court err by refusing to apply the doctrine of alternative liability, which would have shifted the burden of proof to Schaffner, when only one of two potential tortfeasors (Schaffner or Malone) could have caused the injury, but Malone was not a defendant in the lawsuit?
Holding
The appellate court affirmed the trial court's judgment, holding that the trial court correctly refused to apply the doctrine of alternative liability because it requires multiple tortious defendants to be before the court, which was not the case here.
Rule
The doctrine of alternative liability, which shifts the burden of proof to defendants to disprove causation, applies only when two or more *defendants* committed tortious acts and all potential tortfeasors are before the court. It does not apply when only one person acted tortiously or when not all potential tortfeasors are named as defendants.
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