Butler v. TriHealth, Inc.

Citations

• 203 N.E.3d 751
• 2022 Ohio 4354

Syllabus

AUTHENTICATION - SUMMARY JUDGEMENT - NEGLIGENCE- OPEN AND OBVIOUS: The trial court did not abuse its discretion if it considered photographs attached to defendants' summary-judgment motion because plaintiff referred to the photographs in her deposition testimony and defense counsel's accompanying affidavit made clear that the photographs had been produced by plaintiff's counsel following the deposition and that they were the photographs that plaintiff had testified about. Because defendants owed no duty to plaintiff, the trial court properly entered summary judgment in favor of defendants on plaintiff's negligence claim after plaintiff stepped into a depression in the pavement in defendants' parking lot even though plaintiff recognized the hazard, she knowingly stepped into the hazard, and the open and obvious nature of the hazard negated any duty by defendants to warn plaintiff of the hazard.