2014 Ohio 465
Ohio Ct. App.2014Background
- Carpenter, a 71-year-old business invitee, was injured Oct 2, 2010 at Advance America’s Mount Vernon location in a parking lot depression.
- Mount Vernon Gateway, Ltd. owned the parking lot where Carpenter fell.
- Carpenter was driven by her son, who parked near or in a handicapped spot; Carpenter had no license.
- She exited the car, saw water, and took two steps toward Advance America, falling due to a depression in the pavement.
- The depression measured about 1.5 inches deep and around 12 inches in diameter, visible where the rear tires would rest.
- Estate sued for negligence; trial court granted Mount Vernon Gateway summary judgment; Knox County Court of Common Pleas affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the open-and-obvious doctrine bars liability as a matter of law | Sollar argues the condition was not open and obvious; genuine issues exist | Gateway contends the defect was open and obvious, thus no duty | Yes, open-and-obvious doctrine barred duty |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (establishes Dresher burden framework for summary judgment)
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (Ohio 1985) (premises liability duty to invitees; open and obvious considerations)
- Sidle v. Humphrey, 13 Ohio St.2d 45 (Ohio 1968) (owner not insurer; open and obvious defense)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio 2003) (open-and-obvious dangers—no duty to warn)
- Cash v. Cincinnati, 66 Ohio St.2d 319 (Ohio 1981) (contextual analysis for insubstantial defects)
- Shump v. First Continental–Robinwood Assocs., 71 Ohio St.3d 414 (Ohio 1994) (premises liability framework for invitees)
- Gladson v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312 (Ohio 1996) (defines invitee duties on premises)