IN THE COURT OF COMMON PLEAS
FAIRFIELD COUNTY, OHIO


Robert A. Neinast
Plaintiff,
v.
Board of Trustees of the Fairfield County District Library,
Defendant.

:
:
:
:
:
:
:
:
:
 

Case No. 09-CV-657
                    10-CA-011

Chris A. Martin, Judge


ENTRY


This matter is before the court on remand from the Court of Appeals of Ohio, Fifth Appellate District Opinion and Judgment Entry filed November 15, 2010.

At paragraph 56 in its Opinion filed November 15, 2010, the Court of Appeals of Ohio, Fifth Appellate District stated in part:

We therefore determine because there is non-mutuality of parties, it was error to impose collateral estoppel. We remand this case to the trial court to determine if in fact appellee can establish reasons for the footwear rule that applies specifically to appellee.


At paragraph 66 in its Opinion filed November 15, 2010, the Court of Appeals of Ohio, Fifth Appellate District stated in part:

... [P]ublic libraries have the authority to promulgate rules and regulations as to public health and safety. This does not mean that the authority sub judice is unfettered, but requires an examination of the relationship of the shoes requirement to health and public safety.


In its Judgment Entry filed November 15, 2010, the Court of Appeals of Ohio, Fifth Appellate District stated in part: "...[T]he matter is remanded to said court [trial court] for further proceedings consistent with this opinion."

An oral hearing occurred on March 8, 2011.

Present at the oral hearing was Robert A. Neinast, Plaintiff pro se, and Jason M. Dolin, Assistant Fairfield County Prosecuting Attorney on behalf of the Defendant.

At the beginning of the oral hearing, the court addressed Plaintiffs outstanding Motion to Take Judicial Notice filed February 22, 2011. The court denied the motion on the record, and the hearing proceeded with evidence presented by both parties.

The court heard testimonial evidence from Defendant's witnesses and from the Plaintiff. The court also admitted Plaintiffs and Defendant's exhibits into evidence.

The burden of proof is on the Defendant. The burden of proof is Preponderance of the Evidence.

Pathology is the study of the transmission of diseases. Pathogens adhere to porous and non-porous surfaces. Pathogens are found on surfaces, including floors, in public buildings. Pathogens can survive on surfaces for weeks or months, during which microbes, micro organisms, can carry diseases, Methicillin-Resistant Staphylococcus Aureus (MRSA) is one example of a pathogen. MRSA can produce abscesses and boils in humans. MRSA affects human skin, soft tissue, blood, joints and lungs. In the United States, MRSA causes the deaths of 17,000 humans each year. First line antibiotics do not eradicate MRSA once it invades the human body.

Pathogens, including MRSA, can be found on carpet and restroom floors in the Fairfield County District Library from vomit, feces, blood, saliva, and toilet water.

It is common to find other hazards, such as staples and glass, on the floors in the Fairfield County District Library.

Pathogens can be deposited on carpeting and other flooring from cuts and lesions on body surfaces, such as feet. Once deposited on carpeting and other flooring, pathogens can enter other persons' bodies through cuts and lesions on persons' body surfaces, such as feet.

Pathogens from carpeting and flooring can attach to a persons' shoes which can transfer the pathogens from place to place. Persons can come into contact with pathogens as a result of the pathogens on shoes.

A person wearing shoes has a lower risk of acquiring and transmitting pathogens than a person who does not wear shoes; there is less chance of acquisition of diseases and cross transmittance of diseases if shoes are worn by humans.

The human foot, as opposed to footwear, is more likely to be a habitat for pathogens and consequently a more likely source for transmittance of diseases.

The court finds that the Defendant, Board of Trustees of the Fairfield County District Library, has shown, by a preponderance of the evidence, that the footwear rule is related to public health and public safety.

The court therefore enters judgment in favor of the Defendant, Board of Trustees of the Fairfield County District Library, against the Plaintiff, Robert A. Neinast.

The costs of this case shall be paid by the Plaintiff, Robert A. Neinast.

It is so Ordered.


Continued to next page





NOTICE

Pursuant to Civ. R. 58(B), the Clerk is hereby directed to serve upon all parties not in default for failure to appear, notice of this Judgment and its date of entry upon the journal. This is a final appealable order.



  _______________________
Chris A. Martin, Judge


Copy:

Robert A. Neinast
8617 Ashford Lane
Pickerington, Ohio 43147

Jason M. Dolin, Assistant Fairfield County Prosecuting Attorney
239 West Main Street, Suite 101
Lancaster, Ohio 43130



Chris A. Martin, Judge