STATE EX REL. MAYLE v. INDUS. COMM.

No. 97-729.

86 Ohio St.3d 74 (1999)

THE STATE EX REL. MAYLE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Ward, Kaps, Bainbridge, Maurer & Melvin and William J. Melvin, for appellant.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellee Industrial Commission.

Harry A. Tipping Co., L.P.A., Harry A. Tipping and Lesley A. Weigand, for appellee Apollon Painting Company.


Per Curiam.

Several key facts are unchallenged: (1) Apollon possessed the requisite safety equipment; (2) decedent had the opportunity to obtain that equipment from the Canton home office before leaving for the Bellefontaine job site; (3) decedent, before departing for Bellefontaine, did not request any safety equipment; (4) decedent, over the course of twenty years, consistently did not use safety...

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