Parker v. Red Roof Inn, 2016 Ohio 3147

In July 2012 Parker rented a room at a Red Roof Inn in Akron and parked in a rear space that abutted a concrete retaining wall and a steep embankment about 12–13 feet below.
Parking spaces had bumpers and a short curb; a narrow paved strip and loose stones lay between the curb and the top of the retaining wall.
Intermittent 25-inch wood posts stood along the top of the retaining wall; there were no connecting railings or warning signs.
After returning to his truck to charge his phone and reach into the truck bed to adjust tools/plywood, Parker stepped over the curb, the ground "came out from under" him, and he rolled down the embankment, sustaining injuries.
Parker sued for negligence/premises liability. Defendants moved for summary judgment asserting the embankment was an open and obvious danger; Parker argued attendant circumstances raised a fact question. The trial court granted summary judgment for defendants. The appellate court reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendants were entitled to summary judgment because the embankment was an open and obvious danger, barring recovery	Parker: attendant circumstances (reaching into truck bed, not looking, working with cargo) create a factual dispute whether a reasonable person would have discovered the hazard	Red Roof Inn: the embankment was visible and open and obvious; no attendant circumstances defeated the doctrine, so no duty existed	Reversed: defendants failed to meet their initial Dresher burden at summary judgment because they submitted no photographs or other evidence showing the embankment’s visibility; material fact issue remains whether the hazard was open and obvious when considering attendant circumstances

Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary judgment reviewed de novo and standards summarized)
Murphy v. Reynoldsburg, 65 Ohio St.3d 356 (1992) (doubts in summary judgment must be resolved in favor of the nonmoving party)
Dresher v. Burt, 75 Ohio St.3d 280 (1996) (movant’s initial burden in summary judgment proceedings)
Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (2003) (open-and-obvious dangers bar landowner duty)
Simmers v. Bentley Constr. Co., 64 Ohio St.3d 642 (1992) (open-and-obvious hazard serves as its own warning)
Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (1985) (shopkeeper not insurer of customer safety)
Light v. Ohio Univ., 28 Ohio St.3d 66 (1986) (owner’s duty to exercise ordinary care to protect invitees)