Neiderbrach v. Dayton Power & Light Co.

Brogan, Judge.

Kenneth Neiderbrach, as Administrator of the Estate of James Siler, appeals from the judgment of the Miami County Common Pleas Court which granted summary judgment to Dayton Power and Light Company (hereinafter “DP & L”).

Appellant alleges that on or about December 9, 1989 at approximately 10:00 p.m., decedent was driving his 1987 Chevrolet Blazer west on Brown Road in Miami County. Siler’s automobile skidded off the road and violently struck a utility pole, which is owned, maintained and controlled by DP & L. The utility pole is approximately sixteen feet, three inches from the…