Bryant v. Indus. Power Sys., Inc.

111 N.E.3d 827, 2018 Ohio 174
CourtCourt of Appeals of Ohio, Sixth District, Lucas County
DecidedMay 4, 2018
DocketNo. L–17–1202
StatusPublished
Cited by2 cases

This text of 111 N.E.3d 827 (Bryant v. Indus. Power Sys., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Sixth District, Lucas County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Indus. Power Sys., Inc., 111 N.E.3d 827, 2018 Ohio 174 (Ohio Super. Ct. 2018).

Opinion

PIETRYKOWSKI, J.

*829{¶ 1} This is an appeal from the judgment of the Lucas County Court of Common Pleas, granting summary judgment in favor of defendants-appellees, Industrial Power Systems, Inc., and Kevin Grey, on plaintiff-appellant's, Ian Bryant, complaint for injuries suffered as a result of his fall on appellees' property. For the reasons that follow, we affirm.

I. Facts and Procedural Background

{¶ 2} The underlying facts in this case are undisputed. In the late morning of March 15, 2015, appellant arrived at appellees' place of business to pick up a trailer that was stored outside. Pictures taken on the day of the accident revealed that there were patches of snow and ice throughout the lot of the storage facility. Appellant typed in his code to enter the gate to the facility, then drove to where his trailer was parked, and backed his truck up to the trailer. Appellant testified in his deposition that when he stepped out of his truck, he slipped and fell, seriously injuring his knee. Notably, the storage facility was an open, uncovered lot, and there were no trees or shrubs blocking appellant's view.

{¶ 3} On January 8, 2016, appellant filed his complaint, in which he alleged that he fell on an ice formation that was caused by a clogged drain. Appellant asserted one claim of premises liability in that appellees negligently failed to maintain the premises or warn him of the clogged drain and resulting ice formation, and one claim of negligence per se for violating R.C. 723.011 by failing to maintain the gutters in reasonable repair.

{¶ 4} Following discovery, appellees moved for summary judgment, arguing that they owed no duty to appellant because the snow and ice were an open and obvious winter condition. Alternatively, they argued that appellant's claims must fail because he was unable to articulate what condition caused him to fall and where it was located, and because appellant's negligence in failing to take proper precautions in winter conditions outweighed any negligence by appellees as a matter of law.

{¶ 5} Appellant responded by arguing that the accumulation of snow and ice was unnatural, and was caused by a deficiently designed, constructed, and maintained gutter and drainage system. With his opposition, appellant submitted an affidavit and report from Richard Zimmerman, a licensed professional architect. Zimmerman opined that the drainage system did not allow the water to flow away freely. Thus, the water backed up and pooled at the location of the drain, and then froze in the cold weather. Alternatively, appellant argued that a genuine issue of material fact existed regarding whether the ice on which he fell was an open and obvious danger, and whether he was negligent as he was stepping out of his vehicle.

{¶ 6} On July 18, 2017, the trial court granted appellees' motion for summary judgment.

II. Assignments of Error

{¶ 7} Appellant has timely appealed the trial court's July 18, 2017 judgment, and now presents five assignments of error for our review:

1. The trial court erred in finding that there was no question of fact as to whether Defendant-Appellee's inadequate drainage created an unnatural accumulation of snow and ice.
2. The trial court misapplied the "active negligence" and notice requirements in a case involving a claimed unnatural accumulation of snow and ice that contributed to the Plaintiff-Appellant's fall at Defendants-Appellees' property, *830thereby sustaining Defendant-Appellee's Motion for Summary Judgment.
3. The trial court erred in considering the open and obvious doctrine in a case involving an unnatural accumulation of snow and ice.
4. The trial court erred in finding that the open and obvious doctrine applies as a matter of law under the facts of this case.
5. The trial court erred by failing to find that Appellees are liable for failing to keep common areas free of ice and snow.

III. Analysis

{¶ 8} We review the grant or denial of a motion for summary judgment de novo, applying the same standard as the trial court. Lorain Natl. Bank v. Saratoga Apts. , 61 Ohio App.3d 127, 129, 572 N.E.2d 198 (9th Dist.1989) ; Grafton v. Ohio Edison Co. , 77 Ohio St.3d 102, 105, 671 N.E.2d 241 (1996). Under Civ.R. 56(C), summary judgment is appropriate where (1) no genuine issue as to any material fact exists; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion, and viewing the evidence most strongly in favor of the nonmoving party, that conclusion is adverse to the nonmoving party. Harless v. Willis Day Warehousing Co. , 54 Ohio St.2d 64, 66, 375 N.E.2d 46 (1978).

{¶ 9} On a motion for summary judgment, the moving party has the burden of demonstrating that no genuine issue of material fact exists. Dresher v. Burt , 75 Ohio St.3d 280, 292, 662 N.E.2d 264 (1996). In doing so, the moving party must point to some evidence in the record in the form of "pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action." Civ.R. 56(C) ; Dresher at 292-293, 662 N.E.2d 264. The burden then shifts to the nonmoving party to provide evidence showing that a genuine issue of material fact does exist. Dresher at 293, 662 N.E.2d 264.

{¶ 10} To establish a cause of action for negligence, a plaintiff must show "the existence of a duty, a breach of the duty, and an injury proximately resulting therefrom." Texler v. D.O. Summers Cleaners & Shirt Laundry Co. ,

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Bluebook (online)
111 N.E.3d 827, 2018 Ohio 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-indus-power-sys-inc-ohctapp6lucas-2018.