Schuetzman v. Dept. of Rehab. & Corr.

Citations

• 2018 Ohio 4821

Syllabus

Negligence contributory negligence inmate magistrate Civ.R. 53 objections. Plaintiff inmate was injured after falling from a step ladder while working as part of a construction crew. Defendant objected to a decision of the magistrate recommending judgment for Plaintiff with a 40 percent reduction in damages for contributory negligence. Defendant objected: (1) the magistrate erred in concluding that Defendant breached a duty of reasonable care to Plaintiff (2) the magistrate erred by not concluding that Plaintiff's actions were the sole proximate cause of Plaintiff's injuries (3) the magistrate erred by not concluding that Plaintiff's negligence exceeded any negligence by Defendant and (4) the magistrate erred by ignoring evidence that Plaintiff commented that the accident was \nobody's fault.\ The court overruled Defendant's first and second objections because Defendant knowingly allowed Plaintiff to use a step ladder while removing a wall vent of unknown weight. In doing so, Defendant allowed Plaintiff to perform work in a dangerous manner that foreseeably resulted in the Plaintiff's injuries. The court overruled Defendant's third objection because the Defendant, as Plaintiff's supervisor, was in a superior position to prevent Plaintiff from performing work in a risky manner. The court overruled Defendant's fourth objection because the facts established Defendant's negligence, regardless of Plaintiff's opinion. The court adopted the magistrate's decision and recommendation.