BLAIR v. GOFF-KIRBY CO.

No. 75-1149.

49 Ohio St. 2d 5 (1976)

BLAIR, APPELLEE, v. GOFF-KIRBY COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided December 29, 1976.


Attorney(s) appearing for the Case

Messrs. Kimble, Schapiro, Stevens, Harcha & Young and Mr. Jack D. Young, for appellee. Messrs. Bannon, Howland, McCurdy, Dever & Mearan and Mr. William L. Howland, for appellant.


WILLIAM B. BROWN, J.

The main issue raised by this cause is whether the trial court, in directing a verdict against the appellee, properly ruled that the appellee was negligent as a matter of law because he violated Ohio's assured-clear-distance statute, R. C. 4511.21, by colliding with a "discernible" object.

R. C. 4511.21 provides in pertinent part:

"* * * no person shall drive any motor vehicle * * * in and upon any street or highway at a greater...

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