Tyson v. Dolgencorp, L.L.C.
2012 Ohio 458
Ohio Ct. App.2012Background
- Tyson slipped on liquid soap in a Dollar General aisle and fell.
- A caution sign was later placed in the area of the spill.
- Tyson sued Dolgencorp LLC for negligence, alleging inadequate notice of the hazard.
- The trial court granted summary judgment, finding adequate notice under company policy.
- Court reverses, holding there is a genuine issue whether notice was adequate to warn customers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dolgencorp provided adequate notice of the hazard. | Tyson argues the single sign did not adequately warn customers. | Dolgencorp claims its sign was placed per policy and adequately notified patrons. | There is a genuine issue of material fact on notice adequacy. |
Key Cases Cited
- Johnson v. Wagner Provision Co., 141 Ohio St. 584 ((1943)) (duty to warn based on actual knowledge or maintenance of hazard)
- Kraft v. Dolgencorp Inc., 2007-Ohio-4997 ((7th Dist. 2007)) (whether caution sign location creates adequate notice)
- Nichols v. Lathrop Co., 159 Ohio App.3d 702 ((6th Dist. 2005)) (summary judgment misused where notice is fact-intensive)