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· 12/26/2023

Payne v. Rumpke

Citations

  • 2023 Ohio 4760

Syllabus

Civil. Negligence. Negligence Per Se. Where Appellant failed to provide any evidence of negligence or negligence per se attributable to Appellee driver of garbage truck and Appellee corporate owner of garbage truck and employer of driver, trial court did not err by granting summary judgment to Appellees even if driver of garbage truck had been negligent in some way, reasonable minds could not conclude that garbage truck driver was proximate cause of collision in which other driver drove, at an estimated speed of 50 miles per hour, straight into the rear of stopped garbage truck servicing customers, and there was no evidence other driver attempted to brake or take any evasive action before striking the rear of the garbage truck.

Judges: Smith

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