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· 5/23/2019

Lacey v. Lenox Creek Condominium Assn.

Citations

  • 2019 Ohio 1984

Syllabus

Ohio Condominium Act R.C. Chapter 5311 business invitee negligence premises liability open-and-obvious doctrine attendant circumstances condominium association R.C. 5311.08(M) managing agent liability. Summary judgment was properly granted in favor of appellees condominium owners association and the condominium managing agent based on the open-and- obvious doctrine. Appellant failed to establish that appellees breached a duty of care to appellant. Appellant admitted that her attention was averted when she tripped and fell due to a pothole. The condominium's managing agent was not an independent contractor and was thus entitled to invoke the open-and-obvious defense.

Judges: Laster Mays

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