Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action, Requiring Specific Analysis From Trial Court and Dismissing Appeal for Failure of Order to Be a Final Judgment

Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) – This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly intoxicated at the time. In response to the defendant’s motion for summary judgment, the plaintiffs alleged they had raised a violation of the Assured Clear Distance Ahead (ACDA) statute as a separate cause of action. However, the trial court granted summary judgment, simply…
By: Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action, Requiring Specific Analysis From Trial Court and Dismissing Appeal for Failure of Order to Be a Final Judgment

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