Hawkins v. K&D Mgt., L.L.C.

Citations

• 2023 Ohio 4421

Syllabus

Summary judgment genuine issue of material fact common carrier R.C. 5321.04 strict liability negligence per se prior notice. Judgment affirmed. Plaintiffs seek to impose strict liability on K&D, as a common carrier under R.C. 5321.04, because of the injuries they sustained while passengers in their apartment complex's elevator. This proposition, however, is not supported by the law. Rather, to survive summary judgment, plaintiffs must prove that K&D had prior notice of Elevator No. 1's mechanical issues at the time of the incident to establish K&D's negligence per se under R.C. 5321.04. Plaintiffs offered no such evidence. Therefore, plaintiffs failed to create a genuine issue of material fact and reasonable minds can come to but one conclusion — summary judgment in K&D's favor is proper.