Milatz v. Cincinnati

Citations

• 2019 Ohio 3938

Syllabus

NEGLIGENCE/SLIP/FALL – OPEN AND OBVIOUS – ATTENDANT CIRCUMSTANCES – CAUSATION – PROCEDURE/RULES – CIV.R. 6(B)(2): In a slip and fall case, the trial court did not err in granting summary judgment in favor of defendants where the safety utility box that plaintiff allegedly tripped on was open and obvious and no attendant circumstances were present: plaintiff admitted to observing the safety utility box prior to her fall, and she could not state that the alleged improper assembly of the safety utility box caused her fall. The trial court did not err by allowing one defendant to file its answer to plaintiff's complaint out of time pursuant to Civ.R. 6(B)(2) where the record reflects that the untimely answer was due to a clerical error, and defendant's conduct did not reflect disregard for the judicial system that would warrant the denial of its motion for leave to file its answer out of time.