2021 Ohio 2823
Ohio Ct. App.2021Background
- Collett was a social guest at Sharkey’s home; Sharkey emptied a countertop ice machine and water spilled onto the kitchen floor.
- Collett saw the spill and told Sharkey; after some elapsed time (disputed as seconds/minutes), she walked toward the sink, stepped off a rug onto linoleum, heard a squeak, and slipped, injuring her back.
- Witness testimony conflicted about how long elapsed between the spill and the fall, and whether the water was on the floor for only moments or several minutes.
- Collett sued Sharkey for negligence (spilling water, not cleaning it up, not warning).
- The trial court granted summary judgment for Sharkey, finding the spilled water was an open and obvious hazard and therefore Sharkey owed no duty to warn.
- On appeal Collett argued the spill was an "active" negligence (dynamic condition) that did not become static before she encountered it; the First District affirmed summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sharkey owed a duty (open-and-obvious hazard vs. active negligence) | Collett: Spill was an active/dynamic hazard created into her path with insufficient time to avoid; genuine issue of fact exists. | Sharkey: Spill was open and obvious before Collett encountered it (she saw and warned about it), so no duty to warn. | Court: Spill became a static, open-and-obvious condition before Collett stepped into it; no duty owed — summary judgment affirmed. |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (de novo review standard for summary judgment)
- State ex rel. Howard v. Ferreri, 70 Ohio St.3d 587 (Ohio 1994) (summary judgment standard)
- Lang v. Holly Hill Motel, Inc., 122 Ohio St.3d 120 (Ohio 2009) (duty in premises-liability and open-and-obvious doctrine)
- Scheibel v. Lipton, 156 Ohio St. 308 (Ohio 1951) (duty owed by a host to social guests)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio 2003) (open-and-obvious hazards negate duty)
- Asher v. Glenway Real Estate, LLC, 149 N.E.3d 1035 (Ohio 2019) (example where hazard was not discoverable until encountered)
- Simmons v. Am. Pacific Ent., LLC., 164 Ohio App.3d 763 (Ohio App. 2005) (action can become a static condition depending on elapsed time)