Thayer v. B.L. Bldg. & Remodeling, L.L.C.

Citations

• 2018 Ohio 1197

Syllabus

Civ.R. 56 summary judgment trip-and-fall genuine issues of material fact open and obvious hazard negligence contributory negligence proximate cause. Trial court erred in granting summary judgment in favor of defendant contractor in trip-and-fall case where plaintiff fell through a partially constructed window during a hospital remodeling project. Open and obvious doctrine did not bar negligence claims against contractor. Genuine issues of fact existed as to whether contractor breached its duty of ordinary care to plaintiff and whether any such breach was the proximate cause of plaintiff's injuries. Genuine issues of fact also existed as to whether plaintiff was contributorily negligent in failing to observe and avoid the hazard presented by the partially constructed window and, if so, the extent to which plaintiff's own negligence was the proximate cause of her injuries.