Klauss v. Marc Glassman, Inc., Unpublished Decision (1-16-2003)

JOURNAL ENTRY AND OPINION

{¶ 1} Plaintiff-appellant Howard Klauss (customer) appeals the trial court's grant of summary judgment to appellee-defendant Marc Glassman, Inc. (Marc's).

{¶ 2} Customer was shopping at Marc's on a Saturday afternoon between 1:00 and 1:30 in May 1999 when he tripped and fell, breaking his right elbow.1 Customer states that he was proceeding down an aisle, carrying a shopping basket in his left hand, when he came to a main cross aisle. He turned right into the main cross aisle where a park bench was sitting width-wise in the middle of the aisle. About four feet beyond…