Wulf v. Bravo Brio Restaurant Group, Inc.

Citations

• 2019 Ohio 3434

Syllabus

The open and obvious doctrine only applies to static conditions on a premises and did not bar a patron's claim against a restaurant after a waitress bumped into the patron, causing him to fall and break a hip. The waitress' apologies to the patron for causing the accident were not hearsay and were admissible as an admission of a party opponent which should have been considered by the trial court when ruling on the restaurant's motion for summary judgment. The trial court erred in requiring that the waitress involved in the incident be specifically identified for the doctrine of respondeat superior to apply.