Mercer v. Wal-Mart Stores, Inc.
2013 Ohio 5607
Ohio Ct. App.2013Background
- Mercer slipped on a wet patch in a Wal-Mart store and alleged water leaked from the ceiling/roof caused the hazard.
- She contends no warning signs were present.
- Wal-Mart moved for summary judgment, arguing no evidence of causation or notice.
- Deposition: Mercer observed a small puddle and a quick response by an employee with towels; substance speculated as water.
- Appellees argued no evidence they created, knew of, or could have known of the hazard, or that the puddle persisted long enough to imply constructive knowledge.
- Court granted summary judgment for Wal-Mart, finding no genuine issue of fact on creation/notice of the hazard or res ipsa loquitur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wal-Mart owed a duty and whether material facts show notice or creation of the hazard | Mercer argues water originated from a leak and Wal-Mart failed to warn. | Wal-Mart contends there is no evidence it created or knew of the hazard or that it persisted long enough for constructive notice. | No genuine issue of material fact; Wal-Mart not liable on summary judgment. |
| Whether res ipsa loquitur applies to create an inference of negligence | Res ipsa loquitur should apply given exclusive control and the unusual hazard. | Res ipsa does not apply absent causal linkage and exclusive control. | Res ipsa loquitur does not apply; cannot defeat summary judgment. |
Key Cases Cited
- Strother v. Hutchinson, 67 Ohio St.2d 282 (Ohio Supreme Court 1981) (premises liability elements; duty, breach, causation)
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (Ohio Supreme Court 1985) (duty of care to business invitees; not insurer of safety)
- Dickerson v. Food World, 10th Dist. No. 98AP-287 (Dec. 17, 1998) (Ohio Appellate 1998) (premises liability—reasonable safety of aisles; not insurer of safety)
- Titenok v. Wal-Mart Stores E., Inc., 10th Dist. No. 12AP-799, 2013-Ohio-2745 (10th Dist. 2013) (premises-liability proof and summary-judgment standard)
- Johnson v. Wagner Provision Co., 141 Ohio St. 584 (Ohio Supreme Court 1943) (knowledge of hazard required for premises liability)
- Detrick v. Columbia Sussex Corp., 90 Ohio App.3d 475 (2d Dist. 1993) (limitations of notice in hotel-hallway context; causal nexus required for recovery)