MARICH et al., Appellees,
v.
BOB BENNETT CONSTRUCTION COMPANY et al., Appellants.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted September 18, 2007.
Decided January 17, 2008.
Attorney(s) appearing for the Case
Amer Cunningham Co., L.P.A., Jack Morrison Jr., and Thomas R. Houlihan, for appellees.
Baker, Dublikar, Beck, Wiley & Mathews and Ralph F. Dublikar, for appellants.
Marc Dann, Attorney General, Elise Porter, Acting Solicitor General, Stephen P. Carney, Deputy Solicitor, and Michael L. Stokes, Assistant Solicitor, urging affirmance on the preemption issue for amicus curiae, Attorney General of Ohio.
Supreme Court of Ohio.
MOYER, C.J.
I
{¶ 1} This appeal presents two issues for our review: (1) whether R.C. 5577.05 and 4513.34 take precedence over City of Norton Codified Ordinances 440.01 and (2) if so, whether a party who complied with the ordinance but not with the statutes is negligent per se for a resulting injury. For the following reasons, we hold that the statutes take precedence over the ordinance and that a holding of negligence per se...
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