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Vermett v. Fred Christen & Sons Co.8/25/2000
's body in the die area, yet it still did not take action. Hence, it is pure speculation that anything would have been done differently regarding point of operation safeguarding had Knak known of this additional warning on the foot pedal.
Accordingly, we find that appellant failed to establish a genuine issue of material fact regarding the adequacy of Linemaster's warning. Having found that summary judgment was appropriately granted, we find that the trial court also properly denied appellants' motion for reconsideration. Appellants' third and sixth assignments of error are therefore found not well-taken.
On consideration whereof, the court finds substantial justice has not been done the party complaining and the judgment of the Lucas County Court of Common Pleas is reversed as to FC&S;and affirmed as to Wysong and Linemaster. This matter is remanded to the trial court for further proceedings in accordance with this decision. Each party is ordered to pay their own court costs of this appeal.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, J. JUDGE
James R. Sherck, J. JUDGE
Richard W. Knepper, P.J. JUDGE CONCUR.
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