Merchants Mutual Insurance v. Baker

Appellant contends that the trial court properly adjudicated the issue of proximate causation, even though such an issue is usually a question of fact for the jury, because the appellee school bus driver violated the specific requirements of Ohio Adm. Code 3301-83-06, which resulted in the type of accident that the provisions are designed to avoid.

Appellee argues that there are material issues of fact upon which reasonable minds could differ, and that, therefore, the issues of proximate causation should have been left to the jury to determine.

In affirming the court of appeal’s reversal of the…