Patricia E. Jones, Dennis L. Jones and Prudential Ins. Co. v. David W. Oldham, Mt. Healthy City School District, Blust Motor Service, Inc., Midwest Amtram, Inc., Robert Boetzel, American Transportation Corp., Navistar International Transportation Corp., and Navistar International Corp.

• Decision Date: 29 December 1995
• Docket Number: C-940401,95-LW-4943
• Parties: PATRICIA E. JONES, DENNIS L. JONES and PRUDENTIAL INSURANCE COMPANY, Plaintiffs-Appellants, v. DAVID W. OLDHAM, MT. HEALTHY CITY SCHOOL DISTRICT, BLUST MOTOR SERVICE, INC., MIDWEST AMTRAM, INC., ROBERT BOETZEL, AMERICAN TRANSPORTATION CORP., NAVISTAR INTERNATIONAL TRANSPORTATION CORP., and NAVISTAR INTERNATIONAL CORP., Defendants-Appellees. APPEAL
• Court: Ohio Court of Appeals

PATRICIA E. JONES, DENNIS L. JONES and PRUDENTIAL INSURANCE COMPANY, Plaintiffs-Appellants, v. DAVID W. OLDHAM, MT. HEALTHY CITY SCHOOL DISTRICT BLUST MOTOR SERVICE, INC., MIDWEST AMTRAM, INC., ROBERT BOETZEL, AMERICAN TRANSPORTATION CORP., NAVISTAR INTERNATIONAL TRANSPORTATION CORP., and NAVISTAR INTERNATIONAL CORP., Defendants-Appellees.

No. C-940401

95-LW-4943 (1st)

Court of Appeals of Ohio, First District Hamilton

December 29, 1995

TRIAL NO. A-9210051

Hermanies Major, Castelli & Goodman and Anthony D. Castelli, Esq., No 0001201, 30 Garfield, Cincinnati Club Building, Suite 740, Cincinnati, Ohio 45202, for Plaintiffs-Appellants,

Tailer, Ruttle & Walden and C. Curtis Walden, Esq., No. 0017652, Suite 1002, 125 East Court Street, Cincinnati, Ohio 45201-1211, for Defendants-Appellees David W. Oldham and Mt. Healthy City School District,

Robert G. Block, Esq., No. 0018724, and A. Dennis Miller, Esq., No. 0018721, 125 West Central Parkway, Cincinnati, Ohio 45202, for Defendant-Appellee Blust Motor Service, Inc.,

Peter S. Edgar, Esq., No. 0024004, 615 Main Street, Cincinnati, Ohio 45202, for Defendants-Appellees Midwest Amtram, Inc. and Robert Boetzel,

Dinsmore & Shohl and Stephen K. Shaw, Esq., No. 0018652, 1900 Chemed Center, 255 East Fifth Street, Cincinnati, Ohio 45202, for Defendant-Appellee American Transportation Corp.,

Montgomery, Rennie & Jonson, Douglas W. Rennie, Esq., No. 0001148, and Mark C. Gaylo, Esq., No. 0058455, 2100 CBLD Center, 36 East Seventh Street, Cincinnati, Ohio 45202, for Defendant-Appellee Navistar International Transportation Corp. and Navistar International Corp.

MEMORANDUM DECISION

PER CURIAM

Plaintiffs-appellants, Patricia E. Jones, David L. Jones, and Prudential Insurance Co., appeal a decision of the Hamilton County Court of Common Pleas granting summary judgment in favor of defendants-appellants, David V. Oldham, Mt. Healthy City School District, Blust Motor Service, Inc., Midwest Amtram, Inc. a/k/a RCCAO, Inc., Robert Boetzel a/k/a Robert Oetzel, Navistar International Corporation, Navistar International Transportation Corporation and American Transportation Corporation.

Patricia Jones was injured when her car collided with a school bus driven by Oldham, an employee of the school district. The suit alleged that Oldham was negligent in operating the bus and the school district was negligent in repairing and maintaining it. The suit also alleged causes of action for product liability against the remaining defendants who manufactured and/or sold the bus.

Appellees all filed motions for summary judgment. The materials supporting and opposing summary judgment showed that Patricia Jones was stopped northbound on Junefield Avenue where it intersects with Sharon Road. As she was waiting, the school bus driven by Oldham, which was traveling eastbound on Sharon Road under the speed limit, approached from her left. The bus's right turn signal was flashing, and Jones assumed that it was going to turn right onto Junefield Avenue, the only side street in the vicinity. Consequently, she turned right onto Sharon Road directly in the path of the bus, which continued going eastbound. Oldham attempted to avoid hitting Jones's car, but was unable to stop in time.

The trial court granted summary judgment in favor of appellees, concluding that Patricia Jones's conduct was the sole proximate cause of the accident. From that judgment, appellants filed this appeal. In their lone assignment of error, they state that the trial court erred in granting summary judgment in favor of appellees. They argue that a question of fact exists as to the proximate cause of the accident and therefore summary judgment was inappropriate. We find this assignment of error is not well taken.

To recover in a negligence action, the plaintiff must prove that the defendant's conduct was the proximate cause of the plaintiff's injury. Freas v. Prater Constr. Corp., Inc. (1991), 60 Ohio St.3d 6, 8-9, 573 N.E.2d 27, 30; Strother v. Hutchinson (1981), 67 Ohio St.2d 282, 285, 423 N.E.2d 467, 469. Similarly, in a product liability action based upon strict liability, the plaintiff must prove that the product defect was the proximate cause of the injury. R.H. Macy & Co. v. Otis Elevator Co. (1990), 51 Ohio St.3d 108, 110, 554 N.E.2d 1313, 1316.

In Timmons v. Russomano (1968), 14 Ohio St.2d 124, 236 N.E.2d 665, the plaintiff was traveling eastbound on East Market Street in the city of Warren. The defendant, who was travelling northbound on Eastland, stopped at a stop sign at the intersection of Eastland and East Market. The plaintiff turned on her right turn signal west of Eastland, and slowed her vehicle as she approached the intersection, intending to turn into her driveway located east of Eastland. The defendant, who assumed that the plaintiff was going to turn right onto Eastland, pulled out in front of the plaintiff's automobile, and the two vehicles collided. The Ohio Supreme Court ultimately held that "[t]he collision occurred because of defendant's...