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Snead v. Ohio Department of Rehabilitation and Correction

Court of Appeals of Ohio, Tenth District

August 27, 2013

Robert A. Snead, Plaintiff-Appellant,
v.
Ohio Department of Rehabilitation and Correction, Defendant-Appellee.

APPEAL from the Court of Claims of Ohio, Ct. of Cl. No. 2011-10410.

Swope and Swope, and Richard F. Swope, for appellant.

Michael DeWine, Attorney General, and Kristin S. Boggs, for appellee.

DECISION

TYACK, JUDGE.

(¶ 1} Robert A. Snead is appealing from the judgments awarded by the Court of Claims of Ohio. He assigns seven errors for our consideration:

ASSIGNMENT OF ERROR NO. 1: THE MAGISTRATE AND THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS TO THE NEGLIGENCE IN TRANSPORTING APPELLANT AFTER SURGERY, AS WELL AS DISMISSING ANY MEDICAL CLAIM FOR LACK OF A CIV.R. 10 AFFIDAVIT WITHOUT PREJUDICE.
ASSIGNMENT OF ERROR NO. 2: THE TRIAL COURT AND THE MAGISTRATE ERRED IN FAILING TO FIND THERE WAS NO NEED FOR TRAINING, NO NEED TO PROVIDE SAFETY EQUIPMENT, OR A NEED TO PROPERLY SUPERVISE OR WARN APPELLANT SNEAD OF THE EXCESSIVE WEIGHT OF THE BOXES OR ADVISE APPELLANT TO USE SAFETY EQUIPMENT.
ASSIGNMENT OF ERROR NO. 3: THE TRIAL COURT AND THE MAGISTRATE ERRED IN RULING THAT WHEN BOXES EXCEED THE CUSTOMARY WEIGHT OF FIFTY TO SIXTY POUNDS, FAILURE TO PROVIDE SAFETY EQUIPMENT, ADDITIONAL HELP OR GIVE WARNING OF DANGER, DID NOT CONSTITUTE AN UNREASONABLE RISK RESULTING IN NEGLIGENCE.
ASSIGNMENT OF ERROR NO. 4: THE TRIAL COURT AND THE MAGISTRATE ERRED AND ABUSED THEIR DISCRETION IN EXCLUDING THE TESTIMONY OF BENNIE GALUSHA, A TRAINED FABRICATOR, WHO BUILT THE CARTS, WHO EXPRESSED THE OPINION THE DESIGN WAS FAULTY WHICH CONTRIBUTED TO THE NEED FOR TRAINING, SUPERVISION AND WARNING.
ASSIGNMENT OF ERROR NO. 5: THE TRIAL COURT AND MAGISTRATE ERRED AFTER FINDING APPELLEES BREACHED A DUTY OF ORDINARY CARE IN CREATING AN UNREASONABLE OBSCURED HAZARD, THAT APPELLANT DID NOT SUFFER INJURY AS A RESULT OF THE NEGLIGENCE SINCE THE CASE WAS A LIABILITY ONLY TRIAL AND APPELLANT WAS NOT PREPARED TO PRESENT EVIDENCE RELATING TO INJURY.
ASSIGNMENT OF ERROR NO. 6: THE TRIAL COURT AND MAGISTRATE ABUSED THEIR DISCRETION IN PERMITTING A HEALTH CARE ADMINISTRATOR TO TESTIFY TO A WRITTEN POLICY WHICH WAS HEARSAY AND NOT ADMISSIBLE UNDER EVID.R. 802.
ASSIGNMENT OF ERROR NO. 7: THE DECISION OF THE TRIAL COURT AND THE MAGISTRATE IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND IS CONTRARY TO LAW AS TO ALL CAUSES OF ACTION.

(¶ 2} The first assignment of error presents two issues. The first issue is whether Snead was injured as a result of negligence by members of the Ohio Department of Rehabilitation and Correction ("ODRC") while Snead was being transported back to Madison Correctional Institution ("MCI") in June 2011 following surgery to repair a hernia. Snead and another inmate being transported at the time, swore that the corrections officer driving the transport van was forced to make a quick stop after another driver cut the van off. The corrections officer driving the van provided an affidavit in which he claimed no such quick stop occurred.

(¶ 3} The trial court assumed the quick stop did occur, but found no proof that anyone with ODRC was negligent. The trial court also found no proof that any injury was ...


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