Stump v. Phillians

An operator of a motor vehicle has control over its brake equipment and the maintenance thereof. He has a statutory duty to maintain the brakes in good working order at all times. Ordinary care is not sufficient to constitute compliance. An emergency caused by brake failure cannot serve as a legal excuse for defendant’s failure to comply with the assured-clear-distance-ahead provision of Section 4511.21, Revised Code. Spalding v. Waxler, 2 Ohio St. 2d 1, paragraph six of the syllabus; Bird v. Hart, 2 Ohio St. 2d 9.

Defendant was negligent as a matter of law, and reasonable minds could conclude…