Vectren Energy Deliver of Oh., Inc. v. Bansal Construction, Inc.

Citations

• 2018 Ohio 2861

Syllabus

The affidavit on which plaintiff-utility company relied in support of its motion for summary judgment did not demonstrate the affiant's personal knowledge of the matters addressed, nor did it demonstrate that the attached documents were business records of which the affiant was the custodian. Moreover, the black-and-white photographic exhibits attached to the affidavit, which were the sole basis for plaintiff's assertion that defendant negligently excavated in the vicinity of a gas line, did not establish that there was no genuine issue of material fact as to negligence the yellow markings allegedly made by plaintiff to demonstrate the location of its utility lines prior to excavation were not clearly visible in the photographs and do not show markings prior to the damage to the gas line. Judgment reversed and remanded. (Hall, J., dissenting.) (Welbaum, P.J., concurring in judgment only.)