Legal Opinion · Dissent

Ahmad v. AK Steel Corp.

Ohio Supreme Court

Decided August 19, 2008No. Nos. 2007-0288 and 2007-0410Published

1DissentO’Donnell, J.

{¶ 10} Respectfully, I dissent from the decision of the majority to dismiss these cases as having been improvidently certified and accepted.

{¶ 11} The appellate court here certified its judgment as being in conflict with decisions from the First and Tenth Appellate Districts, and we independently determined that a conflict exists on the following legal issue: Does a violation of an administrative building code prohibit application of the open-and-obvious doctrine and preclude summary judgment on a negligence claim? That issue is an important and recurring one, and this court has previously…

2Cases cited10 opinions

  1. Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court · 1984
  2. Armstrong v. Best Buy Co.Ohio Supreme Court · 2003
  3. Sidle v. HumphreyOhio Supreme Court · 1968
  4. Simmers v. Bentley Construction Co.Ohio Supreme Court · 1992
  5. Chambers v. St. Mary's SchoolOhio Supreme Court · 1998

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