Mitchell v. Ross

This is an appeal from a decision granting summary judgment to the appellees, Donald K. Ross and his alleged employers. The appellant Norman Mitchell brought suit against Ross, claiming that Ross, acting in the course of his employment, negligently drove his motor vehicle into him as he was crossing on foot State Route 2, an expressway which runs through Cuyahoga County. The defendants-appellees filed a motion for summary judgment on the ground that appellant assumed the risk of injury when he attempted to cross State Route 2 on foot.

In ruling upon a motion for summary judgment, a trial court…