2012 Ohio 5184
Ohio Ct. App.2012Background
- Stepp, plaintiff-appellant, slipped on water in a Getgo convenience store and sued for injuries.
- The case proceeded on the accelerated calendar from the Cuyahoga County Court of Common Pleas to the Eighth District Court of Appeals.
- Getgo denied actual knowledge of water; Stepp needed constructive notice to prevail as a business invitee.
- Constructive notice requires evidence of the hazard's length of existence to infer breach of ordinary care.
- Stepp offered an affidavit describing a 'huge pool' of water, but the court found this speculative and insufficient.
- The trial court granted summary judgment for Getgo; the appellate court affirmed, concluding no triable issue existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Stepp show constructive notice of the water? | Stepp contends water existed long enough to imply notice. | Water's source and duration were not proven; no constructive notice shown. | No; insufficient evidence of notice to create a triable issue. |
| Is Stepp's affidavit-based description of the water probative evidence of notice? | Described a hazardous condition supporting notice inference. | Description was speculative and not probative. | No; speculation cannot establish constructive notice. |
Key Cases Cited
- Campbell v. Hughes Provision Co., 153 Ohio St. 9, 90 N.E.2d 694 (Ohio Supreme Court 1950) (duty of ordinary care for business invitees; constructive notice framework)
- Presley v. Norwood, 36 Ohio St.2d 29, 303 N.E.2d 81 (Ohio Supreme Court 1973) (length-of-hazard inference for constructive notice)