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9th DCA: City Failed to Prove Removal of Brake Wasn't Deliberate

By Emily Brill (Reporter)

Friday, January 12, 2018 | 461 | 0 | 5 min read

A woman can proceed with her wrongful death lawsuit against the City of Willoughby after her brother, a city employee, died of injuries sustained jumping off an asphalt roller that lacked a working parking brake after it began rolling down a hill, Ohio’s 9th District Court of Appeals decided Wednesday. The city attempted to assert an exclusive remedy defense, but the 9th DCA affirmed the trial court’s finding that Sharon Seaton’s lawsuit qualified for an exemption that arises when an employer deliberately removes a safety guard. The courts have not ruled on whether the Will...

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