Smith v. Cincinnati Gas & Electric Co.

Plaintiffs-appellants James and Rhonda Smith (“Smith”) appeal from the trial court’s order granting summary judgment in favor of defendant-appellee Cincinnati Gas & Electric Co. (“CG & E”) on Smith’s claim for personal injuries sustained in a gas explosion on his employer’s premises. Smith’s single assignment of error challenges the trial court’s order granting summary judgment, contending (1) that genuine issues of material fact existed as to liability, and (2) that, after the case had been set for trial, summary judgment was inappropriate without express leave of the trial court. Smith’s…