Legal Opinion · Concurrence

Ahmad v. AK Steel Corp.

Ohio Supreme Court

Decided August 19, 2008No. Nos. 2007-0288 and 2007-0410Published

1ConcurrenceO’Connor, J.

{¶2} I concur in the decision to dismiss the discretionary appeal as having been improvidently accepted and the certified conflict as having been improvidently recognized. I write separately to respond to the dissent’s contention that we should answer the question of what effect, if any, a violation of an administrative rule has on the open-and-obvious-hazard doctrine in this specific case.

{¶ 3} A hallmark of judicial restraint is to rule only on those cases that present an actual controversy. To do otherwise — to simply answer a hypothetical question merely for the sake of answering it —…

2Cases cited3 opinions

  1. Cascioli v. Central Mutual InsuranceOhio Supreme Court · 1983
  2. Zimmerman v. St. Peter's Catholic ChurchOhio Court of Appeals · 1993
  3. Uddin v. Embassy Suites HotelOhio Supreme Court · 2007

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