K.S. v. Pla-Mor Roller Rink
2016 Ohio 815
Ohio Ct. App.2016Background
- Nine-year-old K.S. injured in Pla-Mor's counter area while skating; splinters embedded in her right hand requiring surgery.
- Pla-Mor is a roller rink in Euclid, Ohio; K.S. had frequented the rink weekly for years with family.
- In front of the skate rental counter there is a wooden partition separating the counter area from a seating/change area; skating is not allowed in the counter area.
- Pla-Mor moved for summary judgment; trial court granted, finding no prima facie case and that the condition was open and obvious.
- Appellants argued Pla-Mor breached duty by exposing to an unreasonably dangerous condition and that the condition was not open and obvious.
- Appellate court affirmed, concluding no genuine issues of material fact; wooden partition not an unreasonably dangerous condition and open-and-obvious doctrine precludes liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Pla-Mor breach its duty by a dangerous condition? | K.S. contends partition was unreasonably dangerous. | Partition was not unreasonably dangerous; warnings given and area not skating. | No; no genuine issue of material fact; no breach established. |
| Was the danger open and obvious to K.S.? | Open-and-obvious doctrine should not shield; warnings insufficient about splinters. | Warning and common sense made the risk open and obvious. | Yes; the danger was open and obvious; no duty to protect. |
Key Cases Cited
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (Ohio 1985) (duty to maintain safe premises and warn of hidden dangers)
- Sidle v. Humphrey, 13 Ohio St.2d 45 (Ohio 1968) (open-and-obvious doctrine; known or obvious dangers negate duty)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (Dresher standard for summary judgment burden on movant)
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (Ohio 1998) (elements of negligence; duty, breach, causation)
- Wing v. Anchor Media, Ltd. of Texas, 59 Ohio St.3d 108 (Ohio 1991) (summary judgment standard refined by Dresher)
- Chapman v. Foggy, 59 Ill.App.3d 552 (Ill. App. 1978) (limitations of open-and-obvious vs. warning duty; splinters case relevance)
- Parras v. Std. Oil Co., 160 Ohio St. 315 (Ohio 1953) (accident does not create presumption of negligence; elements of negligence)
- Bennett v. Stanley, 92 Ohio St.3d 35 (Ohio 2001) (children's duty of care differences)
- Di Gildo v. Caponi, 18 Ohio St.2d 125 (Ohio 1969) (heightened duty for child trespassers or invitees in certain contexts)