OH court rejects argument that failure to remove truck entirely from roadway could be considered proximate cause of accident and was triable issue of fact for the jury.

The appellate court affirmed summary judgment in favor of the defendant truck driver and defendant trucking company when the plaintiff rear-ended the vehicle when driving while intoxicated. The defendants provided evidence to the court that the truck had struck debris in the roadway, which impacted its brakes. The truck safely moved to the left lane and was in the process of moving to the shoulder, to avoid being disabled or unable to drive at a safe speed in the center of a highway. Both the trial court and the appellate court rejected the plaintiff’s argument that the truck driver’s failure to remove his vehicle entirely from the roadway could be considered a proximate cause and was a triable issue of fact for the jury, noting that the defendants had provided evidence that the truck driver acted without negligence and that the plaintiff failed to confront this showing with opposing evidence to refute.

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