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Torts keyed to Best
Sikora v. Wenzel
Citation:727 N.E.2d 1277 (Ohio 2000).
Zink owned and operated building for apartment uses. Plans submitted to the City of Fairborn, a decade before the accident, included a deck modification. The City rejected the design modification, as it did not comply with the state building code. It did, however, issue a certificate of occupancy. Zink went ahead with construction of the building, including the deck design.
Wenzel purchased the unit with no knowledge of the faulty deck design, and rented apartments to tenants. One of Wenzel’s tenants was hosting a party, when Sikora (Plaintiff) fell from the faulty deck design.
Sikora sued the contractor, Wenzel, and the design company on a theory of joint-and-several liability, pursuant to an Ohio statute requiring landlords to comply with all applicable state building codes.
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