STATE EX REL. FRANK BROWN & SONS, INC. v. INDUS. COMM.

No. 86-2028.

37 Ohio St. 3d 162 (1988)

THE STATE, EX REL. FRANK BROWN & SONS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 15, 1988.


Attorney(s) appearing for the Case

Tersigni, Schott & Quinn and Lyn Marie Schott, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Helen M. Ninos and Dennis L. Hufstader, for appellee Industrial Commission.

W. Michael Shay, for appellee Woodford.


Per Curiam.

Appellant first contends that the court of appeals' interpretation of Ohio Adm. Code 4121: 1-3-10(C)(11) violates the constitutional mandate that a safety regulation be a specific requirement. Second, appellant contends that appellee's unilateral negligence precludes a finding of VSSR liability. We agree with both contentions.

As to appellant's first contention, Section 35, Article II of the Ohio Constitution states that the commission must...

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