Hissong v. Miller

Brogan, Judge.

{¶ 1} Hissong appeals from the judgment of the Miami County Common Pleas Court in favor of Ron and Tina Miller, d.b.a. Z-Coil Pain Relief Footwear. The facts giving rise to the litigation are as follows.

I

{¶ 2} In February 2008, Hissong visited Ron and Tina Miller’s Piqua, Ohio, Z-Coil Pain Relief Footwear store. While there, Hissong asked the sales clerk if she could use the restroom. The clerk replied, “[0]f course,” and directed Hissong “through the curtains to the left of the trellis in the back.”1 After the clerk pulled back the curtain, either Hissong or the clerk (it is…