2014 Ohio 3464
Ohio Ct. App.2014Background
- On May 13, 2010, Wynns’ car struck a large metal plate on Winton Road, which shifted and dropped the car into a ditch, causing damage and injuries.
- Plaintiffs sued Duke Energy Ohio, Inc., Adleta, Inc., Howell Construction Co., Hamilton County, and the City of Cincinnati, alleging negligent maintenance of the premises where the plate lay.
- Discovery was limited; only city employee and Duke’s inspector depositioned, and other defendants’ witnesses were not deposed.
- Each defendant moved for summary judgment, asserting it did not place the plate and thus bore no liability.
- Wynns offered no contrary evidence or additional discovery; they argued that one defendant must be responsible, creating a genuine issue for trial, but the trial court granted summary judgment for all defendants.
- The court of appeals affirmed, holding no defendant had shown breach of duty and the Wynns failed to prove who caused the plate; city liability required notice or creation of the faulty condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a genuine issue of material fact on liability for placing the plate | Wynns contend one defendant placed the plate. | Each defendant proved it did not place the plate. | No genuine issue; summary judgment proper for all. |
| Whether the city can be liable without notice or creation of the faulty condition | City failed to maintain roads and remove obstructions; liable for slippage. | No evidence city caused or had notice of the plate; no liability. | City not liable absent notice or creation; summary judgment proper. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment burden and evidence standard)
- Wellman v. E. Ohio Gas Co., 160 Ohio St. 103 (1953) (duty and breach elements in negligence)
- Cleveland v. Amato, 123 Ohio St. 575 (1931) (city liability requires actual or constructive notice or creation of defect)
- Todd v. City of Cleveland, 2013-Ohio-101 (8th Dist. Cuyahoga No. 98333, 2013-Ohio-101) (municipal liability prerequisites for road defect claims)
- Allstate Ins. Co. v. Sears & Roebuck Co., 2007-Ohio-4977 (7th Dist. Belmont No. 06 BE 10, 2007-Ohio-4977) (speculation not enough to defeat summary judgment)
- Stinson v. England, 69 Ohio St.3d 451 (1994) (mere speculation insufficient to defeat summary judgment)