McLean v. McHugh, Inc.
2011 Ohio 2478
Ohio Ct. App.2011Background
- McLean slipped on ice at McHugh Jeep on Feb 19, 2010.
- Plaintiffs Shane and Angela McLean filed a negligence complaint on June 16, 2010.
- Defendant moved for summary judgment on Nov 10, 2010; hearing held Feb 18, 2011.
- Trial court granted summary judgment on Feb 18, 2011; amendment allowed Feb 23, 2011.
- Appellants appeal arguing improper consideration of amended affidavits and misapplication of open-and-obvious doctrine.
- Court affirmance held that no genuine issue existed and that the summary judgment was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by granting summary judgment without properly considering the amended affidavits. | McLean argues the amended affidavit should have been considered. | McHugh contends the original record supported summary judgment. | No error; proper standard applied; summary judgment affirmed. |
| Whether open-and-obvious dangers and exceptions negate liability for natural ice/snow accumulations. | McLean asserts superior knowledge or unnatural accumulation exceptions apply. | McHugh argues exceptions do not apply and danger was open and obvious. | No liability; exceptions not proven; summary judgment affirmed. |
Key Cases Cited
- Sidle v. Humphrey, 13 Ohio St.2d 45 (Ohio 1968) (open-and-obvious danger rule with exceptions)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (reciprocal burden in summary judgment; moving party must show no genuine issue)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standard; three-part test)
- Parsons v. Fleming, 68 Ohio St.3d 509 (Ohio 1994) (summary judgment prerequisites and evidence review)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (standard of review for appellate assessment of summary judgments)