Johnson v. Am. Italian Golf Assn. of Columbus, 113 N.E.3d 1144

On July 10, 2015, Georgia Johnson tripped over a concrete curb between grass and artificial turf at Riviera Country Club and sustained a fractured proximal humerus requiring surgery.
The Johnsons sued the American Italian Golf Association (Riviera) for negligence, alleging the curb was a hidden hazard the association knew about and failed to warn or remediate.
Association moved for summary judgment arguing the curb was an open-and-obvious hazard; it submitted Georgia’s deposition and photos it said showed a visible elevation change.
The Johnsons opposed with Georgia’s affidavit and photographs they contend show the curb was obscured by overgrown grass; Georgia testified the curb was unusual and not something she would expect on a driving range.
The trial court granted summary judgment for the association, concluding the curb was plainly visible and therefore the association had no duty to warn; the Johnsons appealed.
The Tenth District reversed, holding genuine issues of material fact existed (photographic interpretation, plaintiff’s testimony about unusual configuration, and attendant circumstances) and the trial court improperly weighed evidence on summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the curb was an open-and-obvious hazard such that the landowner owed no duty to warn	The curb was obscured by overgrown grass and artificial turf; Georgia could not reasonably have discovered it	Photographs and deposition show a visible elevation change between grass and turf, so the hazard was observable	Reversed — factual disputes (photos, testimony, attendant circumstances) precluded deciding openness as a matter of law
Whether the trial court impermissibly weighed evidence on summary judgment	Trial court ignored plaintiff photos and testimony and relied on selected defendant photos	Court treated photographic evidence as dispositive	Reversed — court impermissibly weighed competing evidence and drew factual inferences for itself

Armstrong v. Best Buy Co., 99 Ohio St.3d 79 (2003) (open-and-obvious doctrine can eliminate a landowner's duty to warn)
Sidle v. Humphrey, 13 Ohio St.2d 45 (1968) (premises owner owes no duty regarding open-and-obvious dangers)
Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (1985) (duty to warn of latent or hidden dangers to invitees)
Simmers v. Bentley Constr. Co., 64 Ohio St.3d 642 (1992) (rationale for open-and-obvious doctrine explained)
Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary-judgment burden-shifting framework)
Murphy v. Reynoldsburg, 65 Ohio St.3d 356 (1992) (appellate standards for reviewing summary judgment)