· 9/10/2024

Meredith v. ARC Indus., Inc. of Franklin Cty.

Citations

  • 252 N.E.3d 622
  • 2024 Ohio 4466

Syllabus

SLIP AND FALL - NEGLIGENCE - PROXIMATE CAUSE - SUMMARY JUDGMENT - CIV.R. 56 - REASONABLE INFERENCES: Employee affidavit filed in support of cleaning company's summary judgment motion established cleaning company employee mopped during second shift, and the nearby carpet on which injured delivery driver slipped and fell was wet the following morning. Given the inconclusive evidence and factual ambiguity regarding how the liquid got onto the carpet, evidence reasonably supported an inference that the liquid upon which the injured delivery driver slipped was from the mopping performed by cleaning company's employee the night before. The trial court erred in failing to construe this evidence in the light most favorable to the non-movant delivery driver and relying on inadmissible hearsay evidence when it granted summary judgment on the issue of proximate cause in favor of the cleaning company. Judgment reversed cause remanded.

Judges: Edelstein

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