Dominic v. Marc Glassman, Inc., 08-Ma-66 (11-10-2008)

OPINION

{¶ 1} Plaintiff-appellant, Jo-Ann Dominic (Dominic), appeals a decision of the Mahoning County Common Pleas Court awarding summary judgment in favor of defendant-appellee, Marc Glassman, Inc., on her trip and fall claim. The main issues are whether the hazard Dominic tripped on was open and obvious or if attendant circumstances significantly enhanced that hazard.

{¶ 2} On March 21, 2005, Dominic went to a "Marc's" store in Austintown Township, Ohio. Marc's is owned and operated by Marc Glassman, Inc. (Deposition of Jo-Ann Dominic, August 14, 2007, hereafter Tr., 23.) It was…