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WESTWOOD v. THRIFTY BOY SUPER MARKETS, INC.

No. 71-95.

29 Ohio St. 2d 84 (1972)

WESTWOOD, APPELLANT, v. THRIFTY BOY SUPER MARKETS, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 9, 1972.

Attorney(s) appearing for the Case

Messrs. Rudd, Zachritz & Silverberg and Mr. J. Gordon Rudd, for appellant.

Messrs. Young & Alexander and Mr. Robert C. Alexander, for appellee Thrifty Boy Super Markets, Inc.

Messrs. Estabrook, Finn & McKee and Mr. Robert P. Bartlett, for appellee Hunter Savings Association.

SCHNEIDER, J.

The question before us is whether the defense of assumption of risk is available to an "employer," as defined in R. C. 4101.01 (C),1 in an action against him brought by a "frequenter," as defined in R. C. 4101.01 (E),2 alleging a violation of R. C. 4101.113, a safeplace statute. We hold that the defense is available and, therefore, affirm.

By statutory definition...

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