Hill v. Mullins

Citations

• 2017 Ohio 1302

Syllabus

Trial court erred in granting summary judgment in favor of defendant on plaintiff's claim for personal injuries. Although a large hole in the floor of defendant's house was \open and obvious\ when viewed from inside the house and in the pictures presented by the parties, plaintiff presented evidence that she had approached the hole from a different angle and encountered it after coming around a corner. Viewing the evidence in the light most favorable to the plaintiff, there was a genuine issue of material fact as to whether the hole was open and obvious so as to preclude any duty by the defendant to warn plaintiff of the presence of the hole. Judgment reversed and remanded. (Hall, P.J., dissenting).