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HERNANDEZ v. MARTIN CHEVROLET, INC.

No. 94-314.

72 Ohio St.3d 302 (1995)

HERNANDEZ, APPELLEE, v. MARTIN CHEVROLET, INC., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided June 14, 1995.

Attorney(s) appearing for the Case

Raymond J. Tisone & Associates Co., L.P.A., and Raymond J. Tisone, for appellee.

Roetzel & Andress, Timothy J. Ochsenhirt, Aretta K. Bernard and Breaden M. Douthett, for appellant.

PFEIFER, J.

The issue before this court is whether appellant is negligent per se because appellant violated provisions of OSHA. "[W]here a legislative enactment imposes upon a person a specific duty for the protection of others, his failure to observe that duty constitutes negligence per se." Taylor v. Webster (1967), 12 Ohio St.2d 53, 56, 41 O.O.2d 274, 275, 231 N.E.2d 870, 872.

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