ANDERSON v. CECCARDI

No. 82-1268.

6 Ohio St. 3d 110 (1983)

ANDERSON, APPELLEE AND CROSS-APPELLANT, v. CECCARDI, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided August 3, 1983.


Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., and Mr. David Zoll, for appellee.

Messrs. Manahan, Pietrykowski & Bamman and Mr. Stephen F. Ahern, for appellant.


SWEENEY, J.

I

On cross-appeal, Anderson argues that the doctrine of implied assumption of risk should be merged with contributory negligence for the purposes of apportionment of fault under R.C. 2315.19, the comparative negligence statute.1 It is the cross-appellant's contention that since the comparative negligence statute is silent with respect to assumption of risk, and that...

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