Long v. Speedway, L.L.C.
2016 Ohio 3358
Ohio Ct. App.2016Background
- On Dec. 5, 2013, Andrea Long twisted her knee stepping into a circular depression (~10" diameter) in Speedway’s parking lot while walking from pumps to the store. The depression measured ~3/4" at deepest point (some areas ~1/4").
- Long sued Speedway for negligence; Speedway moved for summary judgment initially (denied), renewed motion granted by trial court; Long appealed.
- Speedway supported its motion with manager’s affidavit and photographs measuring the defect as under two inches; Long did not dispute those measurements.
- Long testified there was no precipitation, no vehicular traffic at the time, she was looking ahead, and she held nothing in her hands.
- Central legal question: whether the sub-two-inch depression is a nontrivial defect or whether attendant circumstances rebut the rebuttable presumption that defects ≤ two inches are insubstantial as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Speedway owed a duty for the parking-lot depression | Long: a 10" diameter hole and potential vehicle traffic create attendant circumstances making the defect substantial | Speedway: defect <2" triggers rebuttable presumption of insubstantiality; absent attendant circumstances, no duty | Held: defect <2" gave presumption of insubstantiality; Long failed to show attendant circumstances, so no duty |
| Whether potential for vehicle traffic alone is an attendant circumstance | Long: potential car traffic in a parking lot is distracting and rebuts presumption | Speedway: no traffic existed at the incident; potential alone insufficient without other circumstances | Held: mere potential for traffic, when no traffic existed and no other distractions, is insufficient |
| Whether Speedway “created” the hazard and thus is liable | Long: Speedway was responsible for paving and therefore created the hazard | Speedway: no evidence Speedway created the defect; creation alone does not establish liability if defect is trivial | Held: no evidence Speedway created the defect; even creation would not overcome triviality without attendant circumstances |
| Whether severity of injury establishes duty | Long: severe injury shows defect was not trivial | Speedway: severity of injury does not establish legal duty or negate presumption | Held: injury severity alone does not establish owner’s duty |
Key Cases Cited
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367 (Ohio 1998) (summary-judgment standard)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (moving party’s burden and nonmoving party’s response under Civ.R. 56)
- Cash v. Cincinnati, 66 Ohio St.2d 319 (Ohio 1981) (two-inch rule is rebuttable; attendant circumstances may render shallow defects substantial)
- Stockhauser v. Archdiocese of Cincinnati, 97 Ohio App.3d 29 (Ohio Ct. App. 1994) (differences ≤2" generally insubstantial as a matter of law)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio 2003) (no duty for open and obvious dangers)
- Strother v. Hutchinson, 67 Ohio St.2d 282 (Ohio 1981) (elements of negligence)