# Hirschbach v. Cincinnati Gas & Electric Co.

> Ohio Supreme Court · August 10, 1983 · 6 Ohio St. 3d 206

URL: https://www.frixlaw.com/law-library/cases/6758091

## Case

- **Full name:** Hirschbach, Admx. v. Cincinnati Gas & Electric Company
- **Court:** Ohio Supreme Court
- **Decided:** August 10, 1983
- **Citations:** 6 Ohio St. 3d 206; 6 Ohio B. 259; 452 N.E.2d 326; 1983 Ohio LEXIS 807
- **Precedential status:** Published
- **Opinion:** Dissent by Locher
- **Judges:** Brown, Celebrezze, Holmes, Locher, Resnick, Sixth, Sweeney
- **Cited by:** 124 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6758091

## How later opinions describe it (automated extraction)

- finding active participation where the defendant’s inspector specifically denied the request of the independent contractor’s employees to re-position a winch tractor, resulting in the plaintiffs injury
- explaining that “actual participation” includes retaining “sole control over the safety features necessary to eliminate the hazard”

## Opinion text

Locher, J.,
dissenting. I share the conclusions expressed by Justice William B. Brown in his dissent and, thus, cannot join with the majority in its decision. Moreover, I must further reject the court’s analysis for the reasons articulated in the dissent in Anderson v. Ceccardi (1983), 6 Ohio St. 3d 110 , as I do not believe that the enactment of R.C. 2315.19 resulted in the merger of the defense of assumption of risk with that of contributory negligence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758091. Public record. Not legal advice.