Kraft v. Johnny Biggs Mansfield, L.L.C.
2012 Ohio 5502
Ohio Ct. App.2012Background
- Krafts sued Johnny Biggs Mansfield, LLC and related entities after Sharon Kraft tripped on a raised concrete lip at the restaurant entrance on Nov. 28, 2010.
- The incident occurred in the west-side parking area; walking toward the west entrance, Kraft struck a height difference between two sidewalk sections.
- Kraft sustained orbital and nasal fractures and facial contusions from the fall.
- The trial court granted summary judgment to the defendants on July 11, 2012, and Krafts appealed.
- The court applied the open and obvious doctrine to find no duty owed by the premises owner to invitees under the circumstances.
- On appeal, Krafts challenged the trial court’s standard and the absence of attendant circumstances supporting a non-open-and-obvious finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Open and obvious duty applicable | Kraft argues the hazard was not open and obvious given proximity and pedestrian traffic. | Biggs Mansfield contends the risk was open and obvious; no duty owed. | Open and obvious; no duty remains for invitee. |
| Standard for open and obvious | The court used an improper subjective standard. | Court used a proper objective standard and reviewed de novo. | De novo, objective standard applied; no reversal. |
| Attendant circumstances negate open and obvious | Proximity to entrance, potential shadows, and purse level created attendant circumstances. | No attendant circumstances were present to negate open and obvious. | No attendant circumstances as a matter of law. |
Key Cases Cited
- Centers v. Leisure Internatl., Inc., 105 Ohio App.3d 582 (1995) (premises owner's duty to invitees; open-and-obvious analysis)
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (1985) (establishes duty of care for premises; open-and-obvious doctrine)
- Armstrong v. Best Buy Co., 99 Ohio St.3d 79 (2003) (open-and-obvious standard clarified)
- Parsons v. Lawson Co., 57 Ohio App.3d 49 (1989) (observability of condition; open-and-obvious factors)
- Jacobsen v. Coon Restoration & Sealants, Inc., 2011-Ohio-3563 (2011) (attendant circumstances discussion context)
- Backus v. Giant Eagle, Inc., 115 Ohio App.3d 155 (1996) (attendant circumstances framework)
- Stockhauser v. Arch Diocese of Cincinnati, 97 Ohio App.3d 29 (1994) (attendant circumstances concept in premises liability)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher standard for summary judgment burden shifting)
- Lydic v. Lowe's Cos., Inc., 2002-Ohio-5001 (2002) (contextual open-and-obvious discussion)
- Jacobsen v. Coon Restoration & Sealants, Inc., 2011-Ohio-3563 (2011) (attendant circumstances discussion)