ONDERKO v. RICHMOND MFG. CO.

No. 86-1533.

31 Ohio St. 3d 296 (1987)

ONDERKO, APPELLEE, v. RICHMOND MANUFACTURING COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 15, 1987.


Attorney(s) appearing for the Case

Miller & Tolaro Co., L.P.A., Alfred J. Tolaro and James L. Deese, for appellee.

Vorys, Sater, Seymour & Pease, Edgar A. Strause and Patricia A. Davidson, for appellant.


DOUGLAS, J.

The first question raised by this appeal is whether the trial court erred in instructing the jury that if it finds that appellee had assumed the risk of his injury, the jury should proceed to apply comparative negligence principles to determine the proportionate fault of each of the parties, and render a general verdict for appellee if his share of the responsibility is found to be fifty percent or less. We find that this was error and, accordingly, we...

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