Sudberry v. Ohio Dept. of Rehab. & Corr.

Citations

• 2020 Ohio 4772

Syllabus

Motion for summary judgment Civ.R. 56(C) negligence. Plaintiff, an inmate, filed this case against defendant, ODRC, after he was hit in the back of the head with a basketball twice and was experiencing neck pain. Plaintiff claimed defendant was negligent for failure to protect him from this injury. Defendant moved for summary judgment. Defendant presented an affidavit of one of its employees wherein the employee averred that plaintiff did not tell him or any of the other employees that he feared an attack of this nature. Further, the employee averred that the video footage of the gymnasium did not show whether this was an accident or an intentional attack. Plaintiff did not provide any evidence to refute the affidavit. The court found that there was no genuine issue of material fact regarding defendant's lack of notice of an impending assault. Therefore, defendant's motion for summary judgment was granted.