Bishop v. Dayton

While I am in agreement with the majority that the trial court did not err in granting summary judgment in favor of appellee, I am not in accord with the view that appellant's pleadings and affidavits failed to establish the rebuttable presumption created by the stature.

R.C. 4121.80(GX1) establishes deliberate removal by an employer of an equipment safety guard as evidence constituting rebuttable presumption of the intentional tort defined in the statute.

A presumption of law is equivalent to a substantive rule of law to the effect that a particular fact must be assumed when another particular…