Ventresco v. Ohio State Univ. Wexner Med. Ctr.

Citations

• 2018 Ohio 4955

Syllabus

Negligence liability duty open and obvious causation comparative negligence damages parental consortium magistrate. Plaintiff brought this negligence action after suffering injuries on Defendant's premises. Plaintiff's son also asserted a claim for the loss of parental consortium. Plaintiff suffered a puncture injury to her leg after tripping on a curb and landing on a metal bolt protruding from a mulched area in Defendant's parking lot. The magistrate found that Defendant owed a duty of care to Plaintiff as an invitee. Plaintiff did not exceed the scope of her invitation by walking through a mulched area of the parking lot, because the area was obviously worn down by pedestrian use and Defendant's employees walked through the mulched area. Defendant did not breach a duty of care to Plaintiff with respect to the curb, because the danger of the curb should have been open and obvious to the Plaintiff. However, Defendant did breach a duty of care with respect to the protruding bolt, because Defendant knew or should have known it presented a danger. Defendant's breach of care was a proximate cause of Plaintiff's injury. However, Plaintiff's comparative negligence warranted a 50 percent reduction of any award for damages. The magistrate determined that Plaintiff was entitled to damages for medical expenses, lost wages, and pain and suffering. The magistrate also determined Plaintiff's son was entitled to damages for the loss of parental consortium.