Gayheart v. Dayton Power & Light Co.

Brogan, Judge.

Dayton Power and Light (“DP & L”) appeals from the final judgment of the Greene County Common Pleas Court entered upon the jury verdict finding DP & L guilty of negligence.

DP & L advances five assignments of error on appeal. Among other claims, DP & L contends that the trial court lacked subject matter jurisdiction over the cause of action and erred in instructing the jury on the doctrine of res ipsa loquitur.

On February 9, 1989, a fire occurred on the property of Chester and Phyllis Gayheart. The fire destroyed the Gayhearts’ barn, equipment and livestock, including sixteen…