Putka v. City of Parma

Harper, Judge.

I

Appellants, the city of Parma (“the city”) and Lee Janotta, appeal the denial of their summary judgment motion and the verdict of the jury in a wrongful death action filed by appellees, Andrew C. Putka, executor of the estate of Katharina Rostas, deceased, and the next of kin of Katharina Rostas: Margrita, Judith, Stanley, and Jack. For the reasons that follow, we affirm.

II

Lee Janotta, an employee of the city, on August 30, 1989, was operating a city backhoe No. 10 vehicle, Model 680 H Construction King. The backhoe struck and killed Katharina Rostas. The vehicle is used…