2019 Ohio 825
Ohio Ct. App.2019Background
- On Oct. 19, 2015, Linda Moyer parked in a handicapped space at a BMV located on property owned by the McClelland J. Brown Living Trust and, while exiting her vehicle, stepped into an adjacent pothole, fell, and suffered injuries.
- The Moyers sued the Brown Trust for negligence/premises liability on Oct. 18, 2017.
- The Trust moved for summary judgment arguing the pothole was an open and obvious hazard; the trial court granted summary judgment for the Trust.
- At deposition Linda testified the lot was well-lit, weather was fine, she did not look at the pavement before exiting, was not wearing her glasses, the hole was about 3 inches deep and she could see it after she fell.
- The Moyers invoked the attendant-circumstances exception, arguing the handicapped space designation diverted attention; the court found the pothole was in an adjacent space and the designation was a static, ordinary condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pothole was an open-and-obvious hazard | Moyer: factual dispute exists; attendant circumstances (handicapped designation) diverted attention | Trust: pothole was observable; no unusual distraction; open-and-obvious bars duty to warn | Court: pothole was open and obvious; summary judgment for Trust affirmed |
| Whether attendant-circumstances exception applies | Moyer: designated handicapped space directed disabled drivers to that spot and diverted attention from hazard | Trust: designation is ordinary/static, not an abnormal distraction; pothole was not within the handicap space | Court: attendant-circumstances exception did not apply; designation was not an abnormal/active distraction |
Key Cases Cited
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (2003) (open-and-obvious dangers relieve owner’s duty to warn invitees of obvious hazards)
- Simmers v. Bentley Constr. Co., 64 Ohio St.3d 642 (1992) (formulation of the open-and-obvious doctrine and rationale)
- Gladon v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312 (1996) (entrant status defines landowner’s duty; invitee standard explained)
- Lang v. Holly Hill Motel, Inc., 122 Ohio St.3d 120 (2009) (elements of negligence explained in premises-liability context)
- Byrd v. Smith, 110 Ohio St.3d 24 (2006) (summary judgment standard and nonmovant’s burden to set forth specific facts)