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WEISS v. THOMAS & THOMAS DEV. CO.

No. 95-1992.

79 Ohio St.3d 274 (1997)

WEISS, EXECUTOR, ET AL., APPELLANTS, v. THOMAS & THOMAS DEVELOPMENT COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Weisman, Goldberg & Weisman, R. Eric Kennedy and Henry W. Chamberlain, for appellant, Weiss.

Ulmer & Berne, Harold H. Reader and Charles R. Olsavsky, for appellant, State Auto.

Henry B. Bruner, for appellee, Thomas and Thomas.

Weston, Hurd, Fallon, Paisley & Howley, William H. Baughman, Jr., James L. McCrystal, Jr. and Scott C. Smith, for appellee, Dry Hole.

Davis & Young Co., L.P.A., and George W. Lutjen, for appellee, Leahey.

PFEIFER, J.

The tragic facts of this case are not in dispute. Nelson Weiss was killed when his house exploded on March 21, 1991. The issue before us is whether the grants of summary judgment in favor of all defendants were proper. We conclude that the grant of summary judgment in favor of Dry Hole was improper because Dry Hole owed Weiss a duty of due care. We find that the duty owed is a high one because of the dangerousness...

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