Cyrus v. Henes

Reece, Judge.

On February 6, 1989, plaintiff-appellant, Edward Cyrus, was seriously injured at the He’s Not Here Bar in Lorain, Ohio. On that day, the bar’s owner, Mary Henes, asked Cyrus to assist her in lighting the pilot of the bar’s furnace. While reaching into the combustion chamber to light the pilot, Cyrus told Henes to turn on the gas valve. In doing so, the main burner of the furnace ignited, burning the upper portion of Cyrus’ body.

It is undisputed that the furnace was originally designed to burn coal. By affidavit, the previous owner of the property testified that sometime between…