Broka v. Cornell's IGA Foodliner Inc.
2013 Ohio 2506
Ohio Ct. App.2013Background
- Broka sued Cornell’s IGA Foodliner, Inc. for negligence after a fall in the store’s men’s restroom.
- On March 23, 2010, Richard Broka was shopping at Cornell’s IGA and headed to the deli through the restroom corridor.
- A sign stated the restroom was out of order and directing customers to use the back restroom.
- A trash can obstructed access to the restroom door, and the restroom floor had wax stripper residue.
- Salmen had stripped and waxed the floor the day in question and posted a sign, with cones placed to warn customers.
- Appellants moved for reversal after the trial court granted summary judgment for appellee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was properly granted | Broka argues material facts disputed | Cornell’s IGA asserts no genuine issue of material fact | Yes; summary judgment affirmed |
Key Cases Cited
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987) (standard for summary judgment review)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burden shifting in Civ.R. 56)
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (1985) (premises liability duty to warn of latent dangers)
- Shump v. First Continental–Robinwood Assocs., 71 Ohio St.3d 414 (1994) (premises liability invitee duty)
- Gladon v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312 (1996) (classification of invitee and duty)
- Jackson v. Kings Island, 58 Ohio St.2d 357 (1979) (duty to warn of hidden dangers)
- Armstrong v. Best Buy Co., 99 Ohio St.3d 79 (2003) (open and obvious danger rule)
- Sidle v. Humphrey, 13 Ohio St.2d 45 (1968) (open and obvious dangers syllabi)
- Jeffers v. Olexo, 43 Ohio St.3d 140 (1989) (elements of negligence)