Anthony Goodrum, a minor, and his mother filed an action against the RTA, alleging that Anthony suffered an asthma attack caused by the smoke produced by a cigarette smoked by a bus driver. The RTA contended that Anthony had extensive problems with asthma in the past and that the attack was triggered by a cold. A district court judge dismissed the negligence action on the RTA’s motion for summary judgment. However, the Ohio Court of Appeals held on August 8, 1996 that the RTA had failed to establish that there is no genuine issue of fact that Anthony’s asthma attack was proximately caused by a cold, rather than by a bus driver’s cigarette smoke. Therefore, the court reversed the summary judgment dismissal of the lawsuit and remanded it for further proceedings.
1996 Ohio App. LEXIS 3322, No. 69684, Ohio App., 8th Dist., Cuyahoga Co. (1996).