Ohio Court of Appeals Finds No Duty of Care by Contractual Obligation

The appellant, Monica Peters, individually and as administratrix for the Estate of Christopher Peters, deceased, appealed the trial court’s decision granting the motions to dismiss and motions for judgment on the pleadings filed by the appellees, AAA East Central and Finlayson Towing Company. 

On December 29, 2022, the appellant’s husband was driving southbound on Interstate 77 when he experienced mechanical problems with his automobile. He pulled off the travelled portion of the highway and onto the berm, where he called AAA for roadside assistance. While the appellant’s husband remained waiting inside his vehicle on the berm of the road for roadside assistance, his vehicle was struck from the rear, causing fatal injuries. 

The appellant set forth claims of negligence and breach of contract against AAA and negligence against Finlayson, arguing the appellees were negligent in failing to provide timely roadside assistance to her husband. Both AAA and Finlayson filed motions to dismiss and motions for judgment on the pleadings, which were granted. 

The Court of Appeals, in holding the motions were properly granted, found the appellant attempted to create a duty on the part of AAA by virtue of contract and attempted, too, to extend this duty to Finlayson Towing. This argument failed as to Finlayson, as there was no contractual relationship between the appellant and Finlayson and can only succeed as to AAA if the harm caused to the decedent was foreseeable. The test for foreseeability is whether a reasonably prudent person would have anticipated that an injury was likely to result from the performance or nonperformance of an act. The court opined the injury to the appellant’s husband was not foreseeable, thus, no duty of care was extended to AAA. 

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