Colwell v. Bob & Shawn Ents., L.L.C.

Citations

• 2026 Ohio 976

Syllabus

Plaintiff, business invitee, appeals decision granting summary judgment in favor of public bar on negligence claim. Plaintiff injured by umbrella after burst of wind on bar patio. Trial court found accident result of an unforeseeable \act of God.\ Genuine issues of material fact remained as to whether the bar breached a duty of care to the plaintiff by failing to secure umbrella. Genuine issues of fact remained as to proximate cause, and whether wind conditions were sole cause of injury (\act of God\ defense), or whether the wind, in conjunction with a breach of duty, contributed to Plaintiff's injury. WITH DISSENTING OPINION.