In a case submitted to the Ohio Supreme Court by the U.S. District Court for the Southern  District of Ohio, Foley v. Univ of Dayton, Slip Opinion No. 216-Ohio-7591, decided November 3, 2016, the Ohio Supreme Court found that no cause of action exists in Ohio for the tort of negligent misidentification.

The case arose from the arrest of two persons named Foley and a friend, who were arrested for burglary after knocking on the door of a townhouse on the University of Dayton campus. The charges against them were dismissed or resolved and they filed suit in federal court against the persons who called the police.

In its opinion, the Ohio Supreme Court noted several appellate court decisions that discussed the tort of negligent misidentification. However, the Supreme Court has never recognized it and declined to do so in this opinion.

Click here to view the entire Malpractice Alert Nov/Dec 2016.