Maynard v. Winters
2012 Ohio 6286
Ohio Ct. App.2012Background
- Maynard and AultCare sued Winters for negligence related to a plate-glass storm door at 220 Third Street, New Philadelphia.
- Maynard injured July 13, 2007 when the storm door’s middle panel shattered; he alleged defective maintenance and non-safety glass under common law and R.C. 5321.04.
- AultCare joined via subrogation claim for medical expenses incurred by Maynard.
- Winters moved for summary judgment, arguing lack of actual or constructive knowledge and that architectural codes did not apply given age of the building and door.
- Trial court granted summary judgment in Winters’ favor on all claims; Maynard appealed challenging knowledge and negligence theories.
- appellate court affirmed, concluding no genuine issue of Winters’ knowledge; favoring the defense analogous to Odom v. Davis over Dawson v. Williamsburg.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on negligence claims. | Maynard contends Winters knew or should have known of dangerous plate glass. | Winters had no actual or constructive knowledge of plate glass and relied on exempt codes. | Judgment affirmed; no genuine knowledge issue precludes summary judgment. |
| Whether slip-and-fall theory limits apply to plate-glass storm-door defect. | Maynard argues damages stem from storm-door defect, not stair slip. | Court should apply standard negligence analysis, not slip-and-fall presumptions. | Second assignment overruled as resolved by first; no separate basis to reverse. |
Key Cases Cited
- Sikora v. Wenzel, 88 Ohio St.3d 493 (2000-Ohio-406) (landlord duty and knowledge under statutory/common law negligence)
- Robinson v. Bates, 112 Ohio St.3d 17 (2006-Ohio-6362) (negligence per se under landlord-tenant duties)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996-Ohio-528) (summary-judgment standard; evidentiary burden shifting)
- Mussivand v. David, 45 Ohio St.3d 314 (1989-Ohio-130) (duty in negligence as a threshold legal question)
- Wallace v. Ohio Dept. of Commerce, 96 Ohio St.3d 266 (2002-Ohio-4210) (duty and causation elements in negligence)
- Shump v. First Continental-Robinwood Assoc., Ltd., 71 Ohio St.3d 414 (1994-Ohio-336) (existence of duty and standard for negligence action)