Miller v. Cruickshank, 06ap-1088 (6-19-2007)

OPINION

{¶ 1} Plaintiff-appellant, Rita Miller ("appellant"), appeals from the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Donald Cruickshank ("appellee").

{¶ 2} This matter arises out of an incident that occurred on September 13, 2003, in Franklin County, Ohio, in which appellant sustained injuries after she tripped and fell over a deviation in a public sidewalk abutting appellee's property. The deviation concerned a section of sidewalk that was higher than adjoining sections creating a raised area. The raised portion was…