Evans v. Jeff Wyler Chrysler Jeep Dodge Ram of Springfield

Citations

• 2018 Ohio 1726
• 111 N.E.3d 901

Syllabus

The trial court erred in taking judicial notice of weather conditions, on the date of Appellant's slip and fall on ice, from an internet website that was introduced for the first time in Appellee's reply to Appellant's memorandum in opposition to Appellee's motion for summary judgment. Furthermore, the website evidence was not competent summary judgment evidence. Nevertheless, the trial court did not err in granting summary judgment in favor of Appellee. There was no genuine issue of material fact regarding the nature of the accumulation of ice upon which Appellant slipped and fell since the accumulation/formation was naturally occurring, Appellee had no duty to remove the ice. Judgment affirmed.