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CHAMBERS v. ST. MARY'S SCHOOL

No. 97-1967.

82 Ohio St.3d 563 (1998)

CHAMBERS ET AL., APPELLANTS, v. ST. MARY'S SCHOOL, APPELLEE.

Supreme Court of Ohio.

Decided August 12, 1998.

Attorney(s) appearing for the Case

Gary B. Garson Co., L.P.A., and Paul W. Flowers, for appellants.

Quandt, Giffels & Buck Co., L.P.A., and Nita Kay Smith, for appellee.

Buckingham, Doolittle & Burroughs and Scott A. Richardson, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

Michael R. Thomas, urging reversal for amicus curiae, Building Officials and Code Administrators.

Hermanies, Major, Castelli & Goodman and Richard L. Goodman; and Michael R. Thomas, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

LUNDBERG STRATTON, J.

The issue certified for our review is "[w]hether a violation of the Ohio Basic Building Code may constitute negligence per se."

In order to recover on a negligence claim, a plaintiff must prove (1) that the defendant owed the plaintiff a duty, (2) that the defendant breached that duty, and (3) that the breach of the duty proximately caused the plaintiffs injury. Wellman v. E. Ohio Gas Co. (1953), 160 Ohio...

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