2017 Ohio 113
Ohio Ct. App.2017Background
- Marilyn J. Davis (plaintiff) fell through a front porch board at her mother Mary E. Smith’s house on Aug. 17, 2013 while assisting her mother after a hip fracture.
- Mary E. Smith died Jan. 31, 2014; Davis sued the decedent’s estate (and initially the insurer) for premises liability/personal injury.
- The trial court dismissed claims as to the insurer and decedent and the estate later moved for summary judgment on May 13, 2016.
- The trial court granted summary judgment, finding Davis was a social guest/licensee and had not produced evidence the decedent knew or should have known of the porch’s dangerous condition.
- Davis appealed, arguing the court erred in granting summary judgment; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed by homeowner to injured visitor | Davis contends she was an invitee and thus the decedent owed a higher duty to inspect/repair | Estate argues Davis was a social guest/licensee, owed lesser duty: warn of known dangers and exercise ordinary care | Court held Davis was a social guest/licensee, not an invitee |
| Knowledge of dangerous condition | Davis argues there are genuine issues of fact that could show owner knew or should have known of the dangerous porch board | Estate asserts no evidence the decedent knew or should have known the porch was dangerous | Court held plaintiff produced no specific evidence the decedent knew or should have known of the defect; no triable issue |
| Appropriateness of summary judgment | Davis argues summary judgment was premature/improper because factual disputes exist | Estate maintains moving record shows absence of any material factual dispute on duty/knowledge | Court held reasonable minds can reach only one conclusion adverse to Davis; summary judgment proper |
| Burden under Civ.R. 56 | Davis contends she met burden to show triable issue | Estate asserts Davis failed to present specific facts as required to defeat summary judgment | Court applied Dresher/Mitseff and found Davis failed to meet reciprocal burden; summary judgment affirmed |
Key Cases Cited
- Scheibel v. Lipton, 156 Ohio St. 308, 102 N.E.2d 453 (1951) (host owes social guest duty to exercise ordinary care and to warn of known dangerous conditions)
- Jeffers v. Olexo, 43 Ohio St.3d 140, 539 N.E.2d 614 (1989) (elements of negligence: duty, breach, proximate cause)
- Dresher v. Burt, 75 Ohio St.3d 280, 662 N.E.2d 264 (1996) (moving party’s initial burden in summary judgment and nonmoving party’s reciprocal burden)
- Mitseff v. Wheeler, 38 Ohio St.3d 112, 526 N.E.2d 798 (1988) (nonmoving party must set forth specific facts showing a triable issue)
- Gladon v. Greater Cleveland Reg. Transit Auth., 75 Ohio St.3d 312, 662 N.E.2d 287 (1996) (premises-liability duties derive from visitor classification)
- Light v. Ohio Univ., 28 Ohio St.3d 66, 502 N.E.2d 611 (1986) (definition of licensee)