The 10th District Court of Appeals has upheld a decision of the Ohio Court of Claims in a case that pitted a construction worker against Cleveland State University.
In that case, a worker in a dormitory was injured when a faulty elevator that he was working in fell eight stories. At the time of his injury, the University had leased the dormitory to a developer. While the University admitted it owned the elevator, it denied that it did not have possession or control of the elevator at the time of the incident. Thus, ir argued, it was not liable for the injury.
The Court of Claims and the appeals court agreed.