Matt v. Ravioli, Inc.
2014 Ohio 1733
Ohio Ct. App.2014Background
- Matt attended a wedding reception at Massimo da Milano, a restaurant operated by Ravioli, Inc., on June 30, 2012, as a business invitee.
- Matt went directly to an assigned table on an elevated banquet-room area; the initial path did not require stairs.
- She remained at the table during the reception, leaving only to use the restroom, with no stairs encountered during entry or return.
- Upon departure, lighting was dim, music was loud, and guests were dancing; Matt did not notice any railing, sign, or light indicating a step down to the front exit, where she fell and fractured her hip.
- Matt filed suit for the injuries; Ravioli, Inc. moved for summary judgment arguing the step hazard was open and obvious and thus no duty to warn; the trial court granted summary judgment for Ravioli.
- The Court of Appeals reversed and remanded, holding the attendant circumstances raised a genuine issue of material fact about whether the hazard was open and obvious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the step-down hazard was open and obvious as a matter of law | Matt contends attendant circumstances create a fact issue on openness/obviousness | Ravioli asserts the condition was open and obvious, negating duty to warn | Open-and-obvious issue for trial; facts create material dispute |
Key Cases Cited
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio Supreme Court, 2003) (open-and-obvious doctrine defines duty in negligence cases)
- Hudspath v. Cafaro Co., 2005-Ohio-6911 (8th Dist. Ashtabula) (attendant circumstances may defeat open-and-obvious finding)
- Goode v. Mt. Gillion Baptist Church, 2006-Ohio-6936 (8th Dist. Cuyahoga) (objective standard for open-and-obvious hazards; visibility alone not dispositive)
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (Ohio Supreme Court, 1998) (duty-elements framework for negligence claims)
- Simmers v. Bentley Constr. Co., 64 Ohio St.3d 642 (Ohio Supreme Court, 1992) (open-and-obvious doctrine and duty relation)
- Parsons v. Lawson Co., 57 Ohio App.3d 49 (5th Dist., 1989) (hidden/latent dangers and duty to warn context)