Hamaoui v. Tops Friendly Markets, Unpublished Decision (12-20-2005)

JOURNAL ENTRY AND OPINION

{¶ 1} Plaintiff appeals the trial court granting summary judgment in favor of defendant, Tops Markets, LLC. Plaintiff argues the trial court erred by determining that defendant did not owe him a duty when he fell on what the trial court determined to be an open and obvious danger. For the reasons that follow, we agree with plaintiff and reverse the judgment of the trial court.

{¶ 2} On August 3, 2001, plaintiff was shopping at defendant's grocery store. Plaintiff, a local restaurant owner, shopped regularly at defendant's grocery store for items he used in his…