Watkins v. Scioto Downs, Inc.
66 N.E.3d 88
Ohio Ct. App.2016Background
- On Sept. 1, 2012, Billie Watkins tripped and fell at Scioto Downs' Racino after her leg struck the legs of a chair that another patron had tilted against a slot machine; she sustained injuries.
- Watkins and her daughter were walking toward the buffet; Watkins was holding beverages and talking, with her head turned to the right as she approached the chair.
- Surveillance video recorded the incident and showed the chair and its legs were visible prior to the fall.
- Watkins sued Scioto Downs for negligence (later adding loss of consortium by her husband); Scioto Downs moved for summary judgment, asserting the chair was an open-and-obvious hazard.
- The trial court granted summary judgment for Scioto Downs, finding no duty to warn because the condition was open and obvious; plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the tilted chair was an open-and-obvious hazard | Watkins: she had little/no opportunity to perceive the chair before tripping; carpet camouflaged the legs | Scioto Downs: the chair and legs were observable on video; Watkins had an opportunity to see it | The chair was open and obvious as a matter of law; no duty to warn |
| Whether Scioto Downs breached a duty by failing to take precautions | Watkins: Scioto Downs was negligent in not preventing a foreseeable danger | Scioto Downs: no duty existed because the hazard was open and obvious | Moot — court resolved no duty exists under open-and-obvious doctrine |
Key Cases Cited
- Menifee v. Ohio Welding Prods., Inc., 15 Ohio St.3d 75 (negligence requires duty, breach, proximate injury)
- Mussivand v. David, 45 Ohio St.3d 314 (existence of duty is a question of law)
- Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St.3d 203 (business invitees owed ordinary care)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (open-and-obvious doctrine and duty)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (summary judgment standard: viewing evidence for nonmovant)
- Mann v. Northgate Investors LLC, 138 Ohio St.3d 175 (rationale that an obvious hazard serves as its own warning)