Hammond v. Cleveland
2012 Ohio 494
Ohio Ct. App.2012Background
- Hammond tripped on a four-and-a-half inch stringer installed with stairs leading to concourse D at Cleveland Hopkins Airport during a 1997 renovation.
- The airport is owned by the City of Cleveland and leased to airlines; a 1999 occupancy certificate covered the concourse D project.
- The stringer and handrail arrangement extended near the escalator and formed the hazard Hammond asserted caused her fall.
- Defendants included Higley (core/shell/finishes contractor), Tomco (steel handrail fabricator), Forest City (stringer fabrication/installation), and AMEC (construction manager); Forest City actually fabricated/installed the stringer and Higley installed the handrail.
- Hammond, employed by Continental Airlines, was injured November 24, 2006, while approaching the escalator; she backed out due to pedestrians and caught her toe on the stringer, falling on the stairs.
- The trial court granted summary judgment for all defendants; Hammond appealed asserting four assignments of error addressing extension/time, continuance, leave to file, and the merits of the summary judgment as to each defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Open-and-obvious duty of care for landlord | Hammond contends the stringer was not readily observable due to circumstances. | Cleveland argues the open-and-obvious doctrine negates duty. | Stringer readily observable; open-and-obvious doctrine applied; no duty to warn. |
| Attendant circumstances negating open-and-obviousness | A single pedestrian approaching behind Hammond distracted her from the hazard. | Crowd presence not shown to create attendant circumstances. | Single pedestrian not an attendant circumstance; no material fact issue. |
| Duty of independent contractors to warn of defects | AMEC, Higley, and Tomco owed duty to notify owner/contractor of defects they should have noticed. | No duty arising from independent contractors who did not design/construct the stringer. | No duty established; no liability for independent contractors. |
| Forest City liability for stringer design/installation | Forest City created an unreasonable hazard by extending the stringer beyond the escalator handrail. | Forest City’s fabrication/installation duties do not create liability absent duty to warn. | Summary judgment for Forest City affirmed; no liability shown. |
| Mootness of trial-court-extension issues | Time extensions/continuance should be considered to address merits. | Trial-date preserved; extensions denied. | These issues moot; merits adjudicated on summary judgment. |
Key Cases Cited
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio 2003) (open-and-obvious doctrine applied to hazard at store entrance)
- Brown v. Cleveland Baseball Co., 158 Ohio St. 1 (1952) (landlord duty where possession/control maintained and invites liability)
- Davies v. Kelley, 112 Ohio St. 122 (1925) (negligence standard for lessor liability in possession scenarios)
- Gladson v. Greater Cleveland R.T.A., 75 Ohio St.3d 312 (1996) (premises liability principles for commercial lessors)
- Moore v. Emmanuel Family Training Ctr., Inc., 18 Ohio St.3d 64 (1985) (justice served by addressing merits; extension decisions reviewed for abuse of discretion)