HARLESS ET AL., APPELLANTS, v. WILLIS DAY WAREHOUSING COMPANY, INC., ET AL.; TOLEDO EDISON COMPANY ET AL., APPELLEES, 54 Ohio St. 2d 64

Summary

The employee climbed a tank located on the landowner's property to investigate its contents and to insert a 30-foot metallic pole. During the insertion process, one end of the pole came into the proximity of the overhead power lines, and the employee received an electrical shock that caused him serious physical harm. He filed a complaint against the landowner and his employer, alleging negligence and seeking damages for personal injuries. The trial court granted appellees' motions for summary judgment, and it was affirmed on appeal. On further appeal, the court held that the employee was required to set forth specific facts showing that there was a genuine issue for trial in order to avoid summary judgment and that unsupported allegations in the pleadings did not suffice to necessitate the denial of summary judgment. In affirming, the court held that in construing the evidence most favorably to the employee, no case was presented by the employee that allowed recovery from appellees.