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2012 Ohio 4686
Ohio Ct. App.
2012
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Background

  • Lambert injured September 6, 2007 after arm contacted a Sack ‘N Save shopping cart edge.
  • Injury led to a staph infection treated with IV antibiotics and two surgeries.
  • Lambert filed negligence suit against Sack ‘N Save on September 10, 2010.
  • Sack ‘N Save moved for summary judgment on October 31, 2011, arguing the cart condition was open and obvious.
  • The trial court granted summary judgment in favor of Sack ‘N Save, and Lambert appeals the decision.
  • Appellate court reviews the open-and-obvious issue de novo and affirms the trial court’s judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the cart’s design was an open and obvious danger Lambert contends the cart design was not open and obvious Sack ‘N Save contends the cart’s design was open and obvious Open and obvious; no duty to warn or protect

Key Cases Cited

  • Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (2003-Ohio-2573) (premises-duty analysis in open-and-obvious context)
  • Sidle v. Humphrey, 13 Ohio St.2d 45, 233 N.E.2d 589 (1968) (open-and-obvious hazard doctrine; duty no longer exists for obvious dangers)
  • Nageotte v. Cafaro Co., 160 Ohio App.3d 702, 828 N.E.2d 683 (2005-Ohio 2098) (court may decide open-and-obvious issue as a matter of law when no facts disputed)
  • Armstrong v. Best Buy Company, Inc., 99 Ohio St.3d 79 (2003-Ohio-2573) (see above (duplicate entry to emphasize duty framework))
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Case Details

Case Name: Lambert v. Sack 'N Save, Inc.
Court Name: Ohio Court of Appeals
Date Published: Sep 28, 2012
Citations: 2012 Ohio 4686; 12CA3319
Docket Number: 12CA3319
Court Abbreviation: Ohio Ct. App.
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