Rudnicki v. Andersons, Inc.
2016 Ohio 8004
| Ohio Ct. App. | 2016Background
- Plaintiff Barbara Rudnicki slipped on a sheet of black (transparent) ice under an overhang at The Andersons, Inc. store in Maumee on December 30, 2012 and injured her wrist requiring surgery.
- Rudnicki sued alleging appellee negligently maintained walkways and that the ice was caused by store drainage/defective gutters (an unnatural accumulation), not natural winter conditions.
- Defendant The Andersons denied liability, invoked the open-and-obvious/natural accumulation (“no‑duty winter”) rule, and moved for summary judgment.
- Store manager James Whitehead testified the walkway was sheltered by the overhang, had never required salting or shoveling, and gutters drained into an underground system; he denied knowledge of any defect or of ice on the walkway.
- The trial court granted summary judgment for The Andersons; the court of appeals affirmed, finding no evidence of active negligence or knowledge creating an unnatural accumulation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant owed a duty to remove/warn about the ice (no‑duty winter rule) | Rudnicki: ice was not natural; caused by defective gutter/drainage so duty exists | The Andersons: ice was a natural, open-and-obvious condition and no duty to remove or warn | Court: No duty under no‑duty winter rule because no evidence of unnatural accumulation or notice; summary judgment affirmed |
| Whether defendant was actively negligent in creating/perpetuating an unnatural accumulation | Rudnicki: runoff from defective gutters created the black ice beneath the overhang (active negligence) | The Andersons: gutters drained underground; no knowledge of leakage, no history of problems or falls | Court: Whitehead’s uncontradicted testimony showed no knowledge or defect; no evidence of active negligence — plaintiff failed to create a genuine factual issue |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (summary judgment standard)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (summary judgment burden and standards)
- Dresher v. Burt, 75 Ohio St.3d 280 (moving party burden in summary judgment)
- Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (elements of negligence)
- Gladon v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312 (entrant status defines landowner duty)
- Brinkman v. Ross, 68 Ohio St.3d 82 (no‑duty winter rule for natural accumulations of ice and snow)
- Jeswald v. Hutt, 15 Ohio St.2d 224 (no‑duty winter principle)
- Lopatkovich v. Tiffin, 28 Ohio St.3d 204 (exception for active negligence causing unnatural accumulation)
- Porter v. Miller, 13 Ohio App.3d 93 (definition of "unnatural accumulation" and need for evidence of intervening act)
- Tyrrell v. Investment Assoc. Inc., 16 Ohio App.3d 47 (landowner liability where employees knew of recurring dripping and ice formation)