Danner v. Medical Center Hospital

The issue presented in this case is whether the grant of summary judgment on the basis that plaintiff-appellant, Danner, assumed the risk of her injury was proper. The court of appeals determined that the elements of assumption of the risk were present in this case, see Benjamin v. Deffet Rentals (1981), 66 Ohio St. 2d 86 [20 O.O.3d 71] and Briere v. Lathrop Co. (1970), 22 Ohio St. 2d 166 [51 O.O.2d 232], and that Danner assumed the risk when she voluntarily stepped off the rubber mats onto the floor knowing the floor was wet. Since at the time of that court’s decision assumption of the risk…