STUMP v. PHILLIANS

Negligence — Motor vehicles — Rear-end collision — Violation of assured-clear-distance-ahead statute — Section 4511.21, Revised Code — Emergency caused by brake failure, self-created — Not legal excuse for failure to comply with statute — Proximate cause — Directed verdict.

Per Curiam.

An operator of a motor vehicle has control over its brake equipment and the maintenance thereof. He has a statutory duty to maintain the brakes in good working order at all times. Ordinary care is not sufficient to constitute compliance. An emergency caused by brake failure cannot serve as a legal excuse for defendant's failure to comply with the assured-clear-distance-ahead provision of Section 4511.21, Revised Code. Spalding v. Waxler, 2 Ohio St.2d 1, paragraph six of the syllabus; Bird v. Hart, 2 Ohio St.2d 9.

Defendant was negligent as a matter of law, and reasonable minds could conclude only that his negligence was the proximate cause of plaintiff's vehicle being struck. Therefore, the trial court should have directed a verdict in favor of plaintiff on the question of liability and submitted only the question of damages to the jury. Kehrer v. McKittrick, 176 Ohio St. 192; Bird v. Hart, supra. Judgment reversed.

TAFT, C.J., MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.

ZIMMERMAN, J., dissents.