Legal Opinion

Kemper v. Builder's Square, Inc.

Ohio Court of Appeals

Decided February 2, 1996No. 15224PublishedCited by 16 opinions

1Opinion of the Court

Fain, Judge.

Plaintiffs-appellants Lloyd and Sheila Kemper appeal from a summary judgment rendered in favor of defendant-appellee Builder’s Square, Inc. The Kem pers contend that the trial court erred in concluding that they were required to adduce evidence regarding (1) the extent of the duty of ordinary care Builder’s Square owed to Ms. Kemper as a business invitee, and (2) whether the wooden posts that struck Ms. Kemper were within the exclusive control of Builder’s Square as a factual predicate for the invocation of the doctrine of res ipsa loquitur.

We agree with the trial court that the…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Wing v. Anchor Media, Ltd.Ohio Supreme Court · 1991
  4. Paschal v. Rite Aid Pharmacy, Inc.Ohio Supreme Court · 1985
  5. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903

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3Cited by16 opinions

  1. Baiko v. MaysOhio Court of Appeals · 2000
  2. Ray v. Wal-Mart Stores, Inc.Ohio Court of Appeals · 2013
  3. Chapman, MD v. HarnerSupreme Court of Colorado · 2014
  4. Koop v. Speedway Superamerica, LLC, Ca2008-09-110 (4-13-2009)Ohio Court of Appeals · 2009
  5. Floyd v. United Home Improvement Center, Inc.Ohio Court of Appeals · 1997

11 more not listed; retrieve them via the Exa API.

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