Allen v. USA Parking Sys., Inc.
2011 Ohio 6642
Ohio Ct. App.2011Background
- Allen slipped on a snow/ice-affected parking lot owned by USA Parking Systems, Inc.; fall occurred December 15, 2005; he was a business invitee; owner/plaintiff alleged inadequate maintenance and lack of warning.
- The lot was sloped; Allen described ice beneath snow and no salt or plowing evident at time of fall.
- USA Parking moved for summary judgment arguing open and obvious danger and no evidence of an unnatural accumulation.
- The trial court granted summary judgment; the magistrate and trial court held the ice was a natural accumulation and danger open and obvious.
- Allen argues the accumulation was man-caused or aggravated by plowing and that USA Parking had superior knowledge; the court rejected these arguments and affirmed.
- On appeal, the Seventh District affirmed, adopting the magistrate’s decision and holding no material fact remained to defeat summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Natural vs. unnatural ice accumulation | Allen contends accumulation may be unnatural due to plowing/runoff | USA Parking shows ice was natural accumulation | Natural accumulation; no liability |
| Duty due to open and obvious danger/superior knowledge | Allen had superior knowledge of condition; defendant failed to warn | Open and obvious danger; no duty to warn; no superior knowledge | No duty to warn; danger open and obvious; no superior knowledge |
| Effect of possible loose concrete or poor maintenance | Loose concrete/maintenance could have caused fall | Speculation; record shows no evidence area had loose concrete | No genuine issue; no proof fall on loose concrete or poor maintenance |
| Causation and evidence of the fall’s cause | Conditions caused fall beyond natural ice | Fall caused by natural ice and downhill slope | Fall due to natural ice from thaw-freeze; no evidence of causation by other factors |
Key Cases Cited
- LaCourse v. Fleitz, 28 Ohio St.3d 209 (Ohio 1986) (owner not liable for natural accumulations; open-and-obvious standard applies)
- Debie v. Cochran Pharmacy-Berwick, Inc., 11 Ohio St.2d 38 (Ohio 1967) (liability limited for natural accumulations of ice; duty diminished when danger is open and obvious)
- Porter v. Miller, 13 Ohio App.3d 93 (Ohio App.3d 1983) (distinguishes natural vs. unnatural accumulation of ice/snow)