Hunt v. Ohio Dept. Of Rehabilitation & Correction

696 N.E.2d 674 (1997)

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Nature of the Case

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Facts

P was an inmate in the custody and control of D. P was operating a Gravely snowblower while working with the outside yard crew. The chute became clogged with snow. P put the snowblower in neutral and turned the 'Power Take Off' ('PTO') switch to the 'off' position. The PTO switch shut down the blower. After visually inspecting the chute, P inserted her hand inside the chute and began cleaning out the packed snow. As she was removing the snow, the machine caught P's gloved hand and started pulling it into the chute. Although her glove remained caught in the chute, and plaintiff was able to pull her hand out, her right index, middle and third fingers were partially severed. The head of the maintenance department had instructed Officer Jenkins, in charge of P, that if the chute became clogged, to push the PTO switch in, turn the power switch off with the key, and clean out the snow with water or some device. The Officer was cautioned against placing one's hand down the chute. P sued D and alleges that D negligently instructed and trained her to operate a snowblower and that she was not provided with supervision while she was operating the snowblower. P appealed.