Simmons v. Ohio Dept. of Rehab. & Corr.
2016 Ohio 5226
| Ohio Ct. Cl. | 2016Background
- Simmons, an inmate at Pickaway Correctional Institution (PCI), was struck on the shoulder on June 22, 2014 when a ceiling lighting fixture detached and fell onto his bunk.
- The fixture remained attached to metal conduit and was lifted off Simmons’ bunk and propped against the wall; photos and incident statements were admitted.
- No witness testified that any prior full lighting fixtures had fallen in housing unit C2; some inmates had previously had plastic light covers fall and occasionally tampered with fixtures to improve TV reception.
- Corrections officer Stephenson performed routine rounds checking for damage and reported the incident; maintenance worker McLaughlin received a work order the next morning and inspected the area.
- Case tried to liability only; Simmons alleged negligence and failure to inspect/maintain lighting; defendant (ODRC) argued no actual or constructive notice and routine inspection occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to protect from dangerous conditions | ODRC owed reasonable care to maintain/inspect fixtures | ODRC owed duty but not an insurer; performed routine rounds and maintenance | Duty exists but does not make ODRC an insurer; resolved on notice/causation grounds |
| Actual notice of defect | ODRC knew or had reports of loose fixtures/plastic covers falling | No one informed staff of any fixture that would detach; no prior full-fixture falls | No actual notice proved |
| Constructive notice / failure to inspect | Lack of formal inspection logs shows inadequate maintenance/inspection | Officers and maintenance credibly performed routine visual checks and responded to work orders | No constructive notice proved; routine rounds and maintenance testimony sufficient |
| Res ipsa loquitur | Falling fixture permits inference of negligence | Inmates sometimes tampered with fixtures; fixture not under exclusive control of ODRC | Res ipsa not available — no exclusive control and no proof of cause |
Key Cases Cited
- Hake v. George Wiedemann Brewing Co., 23 Ohio St.2d 65 (1970) (sets two-part test for res ipsa loquitur)
- Hickey v. Otis Elevator Co., 163 Ohio App.3d 765 (2005) (discusses application of res ipsa loquitur)
- McClellan v. Ohio Dept. of Transp., 34 Ohio App.3d 247 (1986) (defines constructive notice)
- In re Estate of Fahle, 90 Ohio App. 195 (6th Dist. 1950) (explains constructive notice as substitute for actual notice)