Payne v. Ohio Performance Acad., Inc.

{¶ 33} I respectfully dissent from the opinion of the majority, because in my view reliance on Simpson v. Big Bear Stores Co. , 73 Ohio St.3d 130 , 652 N.E.2d 702 (1995), does not sufficiently square with the facts presented. The subsequent appellate cases citing Simpson , whether they follow or distinguish Simpson , thus far have largely applied Simpson in connection with criminal assaults of patrons on commercial property-not close enough to the facts in Payne's situation of falling off a stage. Moreover, the focus on control and by whom-VV Venue, LLC ("VV Venue"), Ohio Performance Academy,…