HEWITT v. L.E. MYERS CO.

No. 2011-2013.

134 Ohio St.3d 199 (2012)

2012-Ohio-5317

HEWITT, Appellee, v. L.E. MYERS COMPANY, Appellant, et al.

Supreme Court of Ohio.

Decided November 20, 2012.


Attorney(s) appearing for the Case

Plevin & Gallucci Co., L.P.A., Frank L. Gallucci III , and Michael D. Shroge ; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers , for appellee.

Tucker, Ellis & West, L.L.P., and Benjamin C. Sassé , for appellant.

The Mismas Law Firm, L.L.C., and John D. Mismas , urging affirmance for amicus curiae Ohio Association for Justice.

Reminger Co., L.P.A., and Brian D. Sullivan , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Roetzel & Andress, Denise M. Hasbrook , and Emily Ciecka Wilcheck , urging reversal for amicus curiae FirstEnergy Corporation.

Garvin & Hickey, L.L.C., Preston J. Garvin , and Michael J. Hickey , urging reversal for amicus curiae Ohio Chamber of Commerce.

Bricker & Eckler, L.P.A., and Robert R. Sant , urging reversal for amicus curiae Ohio Chapter of the National Federation of Independent Business.

Licata & Toerek and Elizabeth A. Crosby , urging reversal for amicus curiae Council of Smaller Enterprises.


LUNDBERG STRATTON, J.

{¶ 1} We are asked to decide whether "equipment safety guard" for purposes of R.C. 2745.01(C) includes only those devices on a machine that shield an employee from injury by guarding the point of operation of that machine and whether the "deliberate removal" of such an "equipment safety guard" occurs when an employer makes a deliberate decision to lift, push aside, take off, or otherwise eliminate that guard from...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases