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Michael Komo v. Rikk Rambo
Citations: 73 F.3d 362; 1995 U.S. App. LEXIS 40715; 1995 WL 761302Docket: 94-4032
Court: Court of Appeals for the Sixth Circuit; December 25, 1995; Federal Appellate Court
Michael Komo filed a negligence lawsuit against Rikk Rambo following a traffic accident in Columbiana County, Ohio, on September 28, 1991. The district court granted summary judgment in favor of Rambo, determining that Komo was negligent as a matter of law due to his violation of Ohio Rev.Code Ann. Sec. 4511.25 for crossing the center line. However, the appellate court identified a genuine issue of material fact regarding the circumstances of the accident. Evidence indicated that Rambo was speeding in the opposite lane and crossed the center line to overtake another vehicle, prompting Komo to swerve to avoid a collision. Komo asserted that Rambo's actions led to the collision, supported by witness testimonies from Susan McDonald and Timothy Stouffer. The appellate court noted that under Ohio law, a driver may avoid liability for failing to comply with safety statutes if they can demonstrate that an unavoidable emergency arose. Given the ambiguity surrounding the events leading to the accident, the appellate court reversed the district court's summary judgment and remanded the case for trial, emphasizing the need for a thorough examination of the facts.