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Pintur v. Republic Technologies International11/23/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Sylvia Pintur, appeals from the judgment of the Lorain County Court of Common Pleas which granted summary judgment in favor of Appellee. This Court affirms.
I.
{ } Appellant's husband, Dennis Pintur ("Pintur"), worked for Appellee for nearly twenty years. On May 29, 1998, Pintur was working in the bloom caster operation, an area in which he had been assigned for only four weeks. In this area of Appellee's facility, dummy bars are used to pull steel from molds.
There are five strands used, each with a dummy bar capable of pulling a bloom (a length of steel). The dummy bars attach to each strand of steel and run down a track to a run-out area where the strands are cut into equal lengths. When not in use, the ten-ton dummy bars are typically kept in a storage device known as a basket. When the dummy bars remain in the caster area, they are said to be in a charged position.
{ } During the course of Pintur's work shift on May 29, a bloom that had been cut completely through prior to reaching the end of the run-out area became stuck in the run-out area on strand 2. As a result, Pintur and other employees attached a steel cable to the bloom in an attempt to pull it to an area from which a crane could be used to move the bloom to its appropriate finished position. This cable was attached from an elevated platform above the run-out area. Upon attempting to move the bloom, the employees learned that the cable was stuck and needed to be removed. Thereafter, Pintur entered the run-out area on strand 2 to remove the cable. At the time Pintur entered the run-out area, the dummy bar for strand 3 was still in the charged position. While Pintur was working in the run-out area, another employee opened the strands to begin preparation for the next cast. Opening the strands caused the dummy bar in strand 3 to run down its track into the run-out area. Tragically, after another employee attempted to warn him, Pintur ran into the path of the dummy bar and was killed.
{ } On February 3, 1999, Appellant filed suit against U.S. Kobe Steel, Appellee's predecessor, asserting an intentional tort claim. That complaint was subsequently dismissed by Appellant and the matter was refiled on May 26, 2000. Following a stay resulting from bankruptcy proceedings, Appellee moved for summary judgment on September 13, 2004. Appellant responded in opposition on November 1, 2004. Following an evidentiary dispute and the filing of Appellee's reply brief, the trial court granted summary judgment in Appellee's favor on all counts in Appellant's complaint. Appellant timely appealed the trial court's judgment, raising one assignment of error for our review.
II.
ASSIGNMENT OF ERROR
"THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS THERE EXISTED GENUINE ISSUES OF MATERIAL FACT REGARDING REMOVAL OF SAFETY DEVICES, FAILURE TO TRAIN EMPLOYEES, FAILURE TO IMPLEMENT SAFE JOB PROCEDURES AND A FAILURE TO WARN OF HAZARDS WITHIN THE PARTICULAR KNOWLEDGE OF APPELLEE[.]"
{ } In her sole assignment of error, Appellant contends that the trial court erred in granting summary judgment in favor of Appellee. We disagree.
{ } This Court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102, 105. We apply the same standard as the trial court, viewing the facts of the case in the light most favorable to the non-moving party and resolving any doubt in favor of the non-moving party.
V
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