Legal Opinion

Gamby v. Fallen Timbers Enterprises, Unpublished Decision (9-30-2003)

Ohio Court of Appeals

Decided September 30, 2003No. Court of Appeals No. L-03-1050, Trial Court No. CI-01-3525Unpublished

1Opinion of the Court

DECISION AND JUDGMENT ENTRY

{¶ 1} This is an appeal from a summary judgment granted to a property owner by the Lucas County Court of Common Pleas in a premises liability case. Because we conclude that the property owner had no duty to warn of an open and obvious hazard, we affirm.

{¶ 2} On July 26, 1999, appellant, Eileen Gamby,1 visited the Fallen Timbers Medical Center in Maumee, Ohio, for a dental appointment. According to her complaint, as appellant left the building she stepped into a large crack in the sidewalk, causing her to twist her leg and fall. Appellant alleges serious injury from…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Dresher v. BurtOhio Supreme Court · 1996
  3. Harless v. Willis Day Warehousing Co.Ohio Supreme Court · 1978
  4. Armstrong v. Best Buy Co.Ohio Supreme Court · 2003
  5. Mitseff v. WheelerOhio Supreme Court · 1988

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