Hidalgo v. Costco Wholesale Corp., 2013 Ohio 847

Hidalgo and husband sued Costco for negligence after Hidalgo slipped at a Costco in Lorain County in 2010; trial court granted Costco summary judgment.
Hidalgo fell three to four feet past the check-out counter after approaching for an empty box; a green grape was found smashed near the fall site.
Plaintiffs alleged Costco’s breach of ordinary care and loss of consortium; Costco sought summary judgment arguing lack of evidence of hazard creation or notice.
Trial court held no genuine issue about Costco’s actual or constructive knowledge of the grape and deemed the condition open and obvious.
Court reviews summary judgment de novo, applies Dresher framework, and clarifies premises liability duties for business invitees; issue centers on whether Costco created or knew of the danger.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Costco created or knew of the hazard	Hidalgo contends Costco created or had notice of the grape	Costco did not create or have notice of the grape	No genuine issue; Costco not liable on lack of creation/notice

Johnson v. Wagner Provision Co., 141 Ohio St. 584 (1943) (premises liability notice standard)
Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burden-shifting for summary judgment)
Mussivand v. David, 45 Ohio St.3d 314 (Ohio 1989) (negligence elements and duty of care)
Paschal v. Rite Aid Pharmacy, 18 Ohio St.3d 203 (Ohio 1985) (premises liability duty of reasonable care)
Glardon v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312 (Ohio 1996) (premises liability context (cited for duty/standard))