Davenport v. M/I Schottenstein Homes, Inc.

Appellant invites us in the instant case to apply Cremeans v. Willmar Henderson Mfg. Co. (1991), 57 Ohio St.3d 145, 566 N.E.2d 1203, a products liability case, to workplace injuries under the safe-workplace statute. I believe that such an extension of the law is consistent with the philosophy of the court expressed in Cremeans.

The syllabus of Cremeans, in which a majority of the court concurred, is by no means limited to products liability cases. It holds that:

“An employee does not voluntarily or unreasonably assume the risk of injury which occurs in the course of his or her employment when…