Wicks v. Lover's Lane Market`

2025 Ohio 2215
CourtOhio Court of Appeals
DecidedJune 25, 2025
Docket31236
StatusPublished

This text of 2025 Ohio 2215 (Wicks v. Lover's Lane Market`) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wicks v. Lover's Lane Market`, 2025 Ohio 2215 (Ohio Ct. App. 2025).

Opinion

[Cite as Wicks v. Lover's Lane Market`, 2025-Ohio-2215.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

RONDA WICKS, Administrator of the C.A. No. 31236 Estate of PARIS D. WICKS II, etc.

Appellant APPEAL FROM JUDGMENT v. ENTERED IN THE COURT OF COMMON PLEAS LOVER'S LANE MARKET, et al. COUNTY OF SUMMIT, OHIO CASE No. CV-2015-08-4200 Appellees

DECISION AND JOURNAL ENTRY

Dated: June 25, 2025

HENSAL, Judge.

{¶1} Ronda Wicks, administrator of the Estate of Paris D. Wicks, II appeals a judgment

of the Summit County Court of Common Pleas that granted Lover’s Lane Market’s motion for

summary judgment. For the following reasons, this Court affirms.

I.

{¶2} In 2013, a group attacked and killed Mr. Wicks outside of the Market. Ms. Wicks

subsequently sued the Market, two of its employees, and the men who committed the attack,

alleging wrongful death, gross negligence, and multiple theories of negligence. The Market moved

for summary judgment, which the trial court granted. On appeal, this Court reversed as to Ms.

Wicks’s gross negligence, negligence per se, and respondeat superior claims because the Market

had not made arguments for them in its motion for summary judgment. Wicks v. Lover’s Lane

Market, 2019-Ohio-2614, ¶ 7 (9th Dist.) (“Wicks I”). 2

{¶3} On remand, the Market filed another motion for summary judgment, which the trial

court granted. On appeal, this Court determined that the court had incorrectly struck police reports

and a summary log of surveillance video that Ms. Wicks had submitted in opposition to that motion

for summary judgment. Wicks v. Lover’s Lane Market, 2022-Ohio-2652, ¶ 17 (9th Dist.) (“Wicks

II”). It also determined that the trial court incorrectly concluded that Ms. Wicks’s gross

negligence, negligence per se, and respondeat superior claims were limited to issues related to the

sale and consumption of alcohol by a minor. Id. at ¶ 22. It further concluded that the trial court

did not have authority to reconsider Ms. Wicks’s negligence claim on remand. Id. at ¶ 25.

{¶4} On remand, the trial court reconsidered the Market’s second motion for summary

judgment. The court examined the police reports that Ms. Wicks submitted in support of her

opposition to the motion and determined that some of them were admissible while others were not.

It also struck parts of the surveillance video log. The court granted summary judgment to the

Market on Ms. Wicks’s remaining claims, concluding that there was not a genuine issue as to

whether it was foreseeable to the Market that Mr. Wicks would be assaulted, robbed, and murdered

on its premises, whether the Market sold alcohol to any minors on the day of the attack, or whether

the Market allowed the possession of weapons inside the store. Ms. Wicks has appealed, assigning

two errors.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY CONSIDERING THE SECOND MOTION FOR SUMMARY JUDGMENT AFTER THIS COURT IN WICKS I AND WICKS II HAD RULED THAT DEFENDANTS HAD FAILED TO PROPERLY MOVE FOR SUMMARY JUDGMENT ON THE NEGLIGENCE PER SE, GROSS NEGLIGENCE AND RESPONDEAT SUPERIOR CLAIMS. 3

{¶5} In her first assignment of error, Ms. Wicks argues that the trial court incorrectly

allowed the Market to file a second motion for summary judgment. According to her, it is law of

the case that the Market’s original motion did not make a proper summary judgment argument as

to her negligence per se, gross negligence, and respondeat superior claims. She also argues that

the Market has waived its argument as to her remaining claims and that, after the second remand,

the Market should not be permitted to raise issues that previously had been disqualified.

{¶6} Ms. Wicks’s argument is not supported by the record. Following this Court’s first

remand, the Market did file a second motion for summary judgment. The trial court granted the

motion, and Ms. Wicks appealed its decision to this Court as well as the court’s ruling on a motion

to strike that the Market filed. This Court determined that the trial court incorrectly granted the

Market’s motion to strike in full and remanded for the court to “review the police reports to

determine which portions constitute admissible evidence.” Wicks II at ¶ 14. This Court also

concluded that the entire surveillance log should not have been struck. Id. at ¶ 17. This Court

further determined that the trial court had incorrectly concluded that res judicata barred

“consideration of evidence related to the element of duty as it related to the remaining claims.” Id.

at ¶ 24. We “remanded for proceedings consistent with this decision.” Id. at ¶ 27.

{¶7} On remand, the Market did not file a new motion for summary judgment. The trial

court merely reconsidered the Market’s motion to strike and its second motion for summary

judgment, consistent with this Court’s decision. To the extent that Ms. Wicks argues that the

Market was barred from arguing in its second motion for summary judgment that it was entitled

to judgment on her negligence per se, gross negligence, and respondeat superior claims, that is an

argument that she could have made in her original response to the motion and then on appeal to 4

this Court. Accordingly, her argument is barred by res judicata. See State v. O’Neal, 2015-Ohio-

5181, ¶ 6 (9th Dist.). Ms. Wicks’s first assignment of error is overruled.

ASSIGNMENT OF ERROR II

THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO LLM.

{¶8} In her second assignment of error, Ms. Wicks argues that the trial court incorrectly

granted summary judgment to the Market on her negligence per se, gross negligence, and

respondeat superior claims. Under Rule 56(C), summary judgment is appropriate if:

[n]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party.

Temple v. Wean United, Inc., 50 Ohio St.2d 317, 327 (1977). To succeed on a motion for summary

judgment, the party moving for summary judgment must first be able to point to evidentiary

materials that demonstrate there is no genuine issue as to any material fact, and that it is entitled

to judgment as a matter of law. Dresher v. Burt, 75 Ohio St.3d 280, 292 (1996). If the movant

satisfies this burden, the nonmoving party “must set forth specific facts showing that there is a

genuine issue for trial[.]” Id. at 293, quoting Civ.R. 56(E). This Court reviews an award of

summary judgment de novo. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105 (1996).

{¶9} Regarding Ms. Wicks’s negligence per se claim, this Court has explained that “[a]

statute enacted for the safety and protection of the public can impose a specific requirement to do

or not to do a particular act, or it can prescribe merely a general rule of conduct.” Daso v. Creston

Insurance Center, LLC, 2018-Ohio-5312, ¶ 6 (9th Dist.), quoting Becker v. Shaull, 62 Ohio St.3d

480, 482 (1991). “Violation of a statute that imposes a specific duty for the protection of others

constitutes negligence per se.” Id. Although the violation alone “is sufficient to establish the 5

breach of a duty, [it] does not establish liability per se: a plaintiff must still prove both proximate

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