SIMMERS v. BENTLEY CONSTR. CO.

No. 91-1500.

64 Ohio St.3d 642 (1992)

SIMMERS ET AL., APPELLEES, v. BENTLEY CONSTRUCTION COMPANY, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided September 9, 1992.


Attorney(s) appearing for the Case

Wiles, Doucher, Van Buren & Boyle Co., L.P.A., Paul M. Doucher and Thomas J. Keener, for appellees.

Lane, Alton & Horst, Rick E. Marsh and John A. Fiocca, Jr., for appellant.


HERBERT R. BROWN, J.

The issue before us is whether the trial court properly granted summary judgment to Bentley. Bentley is an independent contractor who concedes for purposes of this appeal that it created a dangerous condition on the railroad bridge. Accordingly we must decide whether Bentley's liability is determined by the rules governing landowner liability or by the ordinary rules of negligence. For the reasons that follow we find that the rules of negligence...

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