PENN TRAFFIC CO. v. AIU INS. CO.

Nos. 2001-1891 and 2002-0262.

99 Ohio St.3d 227 (2003)

2003-Ohio-3373.

PENN TRAFFIC COMPANY, D.B.A. BIG BEAR STORES, APPELLANT AND CROSS-APPELLEE, v. AIU INSURANCE COMPANY; CINCINNATI INSURANCE COMPANY ET AL., APPELLEES AND CROSS-APPELLANTS; RAMSEY ET AL., APPELLANTS AND CROSS-APPELLEES. PENN TRAFFIC COMPANY, D.B.A. BIG BEAR STORES, APPELLANT, v. AIU INSURANCE COMPANY ET AL., APPELLEES; RAMSEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 16, 2003.


Attorney(s) appearing for the Case

Robert P. Rutter; Lamkin, Van Eman, Trimble, Beals & Rourke and Kenneth Blumenthal, for appellants and cross-appellees, Penn Traffic and Virginia S. and Marlin K. Ramsey.

Roetzel & Andress, Laura M. Faust, Kevin J. Osterkamp and Alisa Labut Wright, for appellee and cross-appellant Cincinnati Insurance Company.

Gallagher, Sharp, Fulton & Norman, D. John Travis and Gary L. Nicholson, for appellee and cross-appellant Federal Insurance Company.

Daniel J. Kelso, urging affirmance for amicus curiae Ohio Insurance Institute.

Murray & Murray Co., L.P.A., Steven C. Bechtel, W. Patrick Murray and Dennis E. Murray Sr., urging reversal for amicus curiae Ohio Academy of Trial Lawyers.


O'CONNOR, J.

{¶ 1} On April 12, 1995, appellant Virginia S. Ramsey was injured when she fell off a loading dock while working for plaintiff-appellant Penn Traffic Company, d.b.a. Big Bear Stores. Ramsey and her husband, appellant Marlin K. Ramsey, filed intentional tort claims against Penn Traffic. The complaint alleged, inter alia, that Penn Traffic's failure to place a guardrail on the loading dock made Ramsey's injuries substantially certain to...

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