 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Zimmerman v. St. Peter's Catholic Church6/23/1993
FREDERICK N. YOUNG, Judge.
Michael E. Zimmerman ("appellant"), in his capacity as executor of the estate of Patricia L. Zimmerman, deceased, appeals from the entry by the trial court of summary judgment in favor of St. Peter's Catholic Church ("appellee") entered on October 16, 1992.
The facts of the case and the reasoning of the trial court in entering summary judgment in favor of appellee are both succinctly and sufficiently set forth in thsdecision of the Honorable John P. Petzold, parts of which we now incorporate into our opinion, as follows:
"On December 8, 1989, plaintiff's decedent, Patricia Zimmerman, fell while attending a bingo game at defendant St. Peter's Catholic Church. On that particular day, there was inclement weather including a large amount of snow and slush. Approximately three weeks later, on December 27, 1989, plaintiff's decedent died allegedly as a result of injuries sustained in the aforementioned fall. Plaintiff has brought suit claiming the wrongful death of plaintiff's decedent, Patricia Zimmerman.
"The defendant moves this court for summary judgment, asserting there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. For the granting of summary judgment to be appropriate it must appear (1) that there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor. Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66, 8 O.O.3d 73, 74, 375 N.E.2d 46, 47; see, also, Ohio R.Civ.P. 56(C). The moving party bears the burden of showing that no genuine issue as to any material fact exists. Harless, 54 Ohio St.2d at 66, 8 O.O.3d at 74, 375 N.E. at 47.
"Plaintiff's claim is brought pursuant to the Ohio wrongful death statute based on a theory of negligence, R.C. 2125.02. An action for negligence is predicated upon a duty and a breach thereof. The plaintiff claims the defendant breached three separate duties which ultimately led to the death of the decedent. First, plaintiff claims defendant failed to comply with Ohio Basic Building Code to provide a skid-resistant surface for the access ramp into Fehrenbach Hall located in St. Peter's Catholic Church. Second, plaintiff contends defendant failed to provide floor mats directly inside or outside Fehrenbach Hall. Finally, plaintiff claims defendant failed to warn patrons of excess water on the floor thereby breaching their duty causing injury to the decedent.
"First, plaintiff argues that the defendant was negligent per se by failing to have skid-resistant mats on the access ramp as required by the Ohio Basic Building Code. This argument must fail. Ohio law states that only legislative enactments give rise to negligence-per se claims. The Ohio Basic Building Code is an administrative regulation, not a legislative enactment, and, as such, any violation would not constitute negligence per se. Jaworowski v. Med. Radiation Consultants (1991), 71 Ohio App.3d 320 [594 N.E.2d 9]. Evidence of a violation of an administrative regulation is, however, admissible in evidence regarding thsissue of the want of ordinary care. Matz v. J.L. Curtis Cartage Co. (1937), 132 Ohio St. 271 [8 O.O. 41, 7 N.E.2d 220]."
The court then analyzed the case in terms of the breach of duty in a negligence action. Since on appeal the appellant has abandoned all claims against the appellee except for the negligence per se argument,
Page 1 2 3 4 5 6 7 8 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|