2011 Ohio 572
Ohio Ct. App.2011Background
- Pettit sued Perry County Commissioners for injuries from a fall on a ramp in front of the Perry County licensing bureau parking area.
- The ramp sits at the top of a grade change (approximately 8–10 inches) with a blue-painted top edge and a yellow-painted side; a blue handicap area is adjacent to the ramp.
- Maintenance supervisor Launful Salyer painted blue lines and a blue handicap stencil in the area; he testified yellow would have been better but blue was used for handicap designations.
- Plaintiff alleged negligence in maintaining the parking lot and failing to warn about the ramp, and asserted building-code issues regarding submission of design plans for inspection.
- The Perry County Court of Common Pleas denied the county’s summary-judgment motion, ruling that the physical-defect exception to immunity and issues about open/obvious danger created genuine disputes.
- The appellate court reversed, holding the physical-defect exception did not apply and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proximity of ramp to the handicapped space is a physical defect | Pettit argues proximity creates a physical defect under RC 2744.02(B)(4). | Perry County contends no physical defect existed that falls within the immunities exception. | Physical-defect exception does not apply; immunity applies. |
| Whether the ramp being open and obvious created a factual dispute | Pettit argued the ramp was not open and obvious, creating a duty issue. | County contends no genuine issue on openness/obviousness exists. | Issue moot because first issue resolved immunity in favor of defendant. |
Key Cases Cited
- Dynowski v. City of Solon, 183 Ohio App.3d 364 (2009-Ohio-3297) (physical-defect immunity requires more than general building-code violations)
- Lang v. Holly Hill Motel, Inc., 122 Ohio St.3d 120 (2009-Ohio-2495) (duty/defect analysis; regulatory compliance informs negligence implications)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996-Ohio-207) (Dresher standard for summary-judgment burden shifting)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987-Ohio-35) (summary-judgment standard and burdens)