Baker v. Bob Evans Farms, Inc., 2014 Ohio 2850

Plaintiff Baker, executrix of Harold Conn's estate, appeals from a Wayne County Common Pleas Court judgment granting summary judgment to Bob Evans Farms, Inc.
Conn, age 80, fell in the Bob Evans Wooster restaurant on December 20, 2009, after a dusting of snow created slippery conditions in the foyer/vestibule.
The vestibule had tile floors with rubber-backed carpet runners placed to provide a nonslip surface for patrons.
Baker saw water on the floor around the mat, and Conn allegedly told her the mat slipped; Conn died January 11, 2010 from injuries.
Staff testimony indicated Conn claimed he tripped or that his cane got caught in the rug; several witnesses described wet conditions and mopping efforts.
The appellate court reverses the trial court, finding genuine issues of material fact preclude summary judgment and remands for trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Open and obvious doctrine applicability.	Baker argues the danger was not open/obvious due to water around the mat.	Bob Evans contends the danger was open/obvious and the owner had no duty.	Genuine issues of material fact remain; open/obvious exception not dispositive.
Causation and attendant circumstances of the fall.	Conn's statements to Baker and water around the mat create a triable issue on cause.	Statements were speculative; cause cannot be determined as a matter of law.	Summary judgment improper; factual dispute as to cause should be resolved at trial.

Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burden-shifting standard for summary judgment)
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standard and burden on movant)
Mondi v. Stan Hywet Hall & Gardens, Inc., 2010-Ohio-2740 (Ohio 2010) (duty in negligence; open vs. latent dangers)
Harper v. Chaney, 2013-Ohio-1160 (Ohio 2013) (duty to warn for latent/ concealed defects)
Simmers v. Bentley Constr. Co., 64 Ohio St.3d 642 (Ohio 1992) (open and obvious danger doctrine)