Benjamin v. Deffet Rentals, Inc.

Appellants assert that Englehardt v. Philipps (1939), 136 Ohio St. 73, controls the resolution of this cause. In Englehardt, a boy, while attempting a dive, slipped upon the wet surface of a diving tower at a swimming pool, causing his head to strike the wall of the pool. The evidence adduced therein indicated that the plaintiff was a proficient swimmer and diver. Also, there was no inherent defect in the platform; rather, the slippery condition of the platform was due to a previous rain, of which the plaintiff was aware. Upon such evidence, this court found that a motion for directed verdict…