KAFEL v. REPUBLIC STEEL CORP.

No. 71-354.

30 Ohio St. 2d 55 (1972)

KAFEL, APPELLEE, v. REPUBLIC STEEL CORP., APPELLANT.

Supreme Court of Ohio.

Decided May 3, 1972.


Attorney(s) appearing for the Case

Mr. F. M. Apicella, for appellee.

Messrs. Weston, Hurd, Fallon, Sullivan & Paisley, Mr. Frank Seth Hurd and Mr. Robert D. Rosewater, for appellant.


LEACH, J.

Republic asserts that it is entitled to final judgment in its favor as a matter of law on the basis (1) that it had not been shown to have been negligent, and (2) that, in any event, plaintiff was (a) negligent as a matter of law and (b) assumed the risk of injury as a matter of law. With these assertions we do not agree.

Alternatively, Republic asserts that it is entitled to a new trial based on the refusal of the trial court, upon proper request...

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