FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 14CV184773
I. VERKHLIN and JEFFREY H. FRIEDMAN, Attorneys at Law, for
JESSICA L. SANDERSON and PEGGY FOLEY JONES, Attorneys at Law,
J. WILLIAMS, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER Judge.
Plaintiff-Appellant, Bonnie Fletcher, appeals the judgment of
the Lorain County Court of Common Pleas granting summary
judgment in favor of Defendant-Appellee, Wal-Mart Stores
East, LP ("Wal-Mart"). For the reasons set forth
below, we affirm.
The facts of this case are not in dispute. On July 12, 2013,
Ms. Fletcher sustained injuries after falling in the parking
lot of a Wal-Mart store located in Elyria, Ohio. At the time
of her fall, Ms. Fletcher was traversing through the parking
lot, walking from her car and towards the store entrance. Ms.
Fletcher was not looking down at the ground while walking,
but instead was watching for traffic and other customers. As
she proceeded through the parking lot, Fletcher stubbed her
toe and tripped on a patch of cracked and crumbling concrete
and fell to the ground. Ultimately, Ms. Fletcher was taken by
ambulance to the hospital where she was treated for her
On October 20, 2014, Ms. Fletcher filed a complaint in the
Lorain County Court of Common Pleas asserting a negligence
claim against Wal-Mart. Wal-Mart denied the allegations set
forth in Fletcher's complaint and subsequently filed a
third-party complaint against third-party defendant Moyer
Industries, Inc. ("Moyer") seeking indemnification
and/or contribution if Wal-Mart was ultimately found to be
liable for Fletcher's injuries. Moyer denied the
allegations asserted in Wal-Mart's third-party complaint.
The matter then proceeded through the discovery process.
On January 4, 2016, Wal-Mart filed a motion for summary
judgment on Ms. Fletcher's negligence claim on the basis
that the concrete area where Ms. Fletcher fell was open and
obvious and not an unreasonably dangerous condition. Moyer
also filed a motion for summary judgment arguing that since
Wal-Mart is entitled to judgment as a matter of law,
Wal-Mart's third-party complaint must be dismissed. On
February 12, 2016, Fletcher filed briefs in opposition to
Wal-Mart and Moyer's respective motions for summary
judgment. Wal-Mart also filed an opposition brief in response
to Moyer's summary judgment motion. On March 16, 2016,
the trial court granted summary judgment in favor of Wal-Mart
and Moyer. In so doing, the trial court concluded that the
portion of the concrete parking lot where Ms. Fletcher
tripped and fell was an open and obvious danger, thus
obviating Wal-Mart's duty to warn Ms. Fletcher, an
invitee, of hazardous conditions on its premises and barring
her negligence claim.
Ms. Fletcher filed this timely appeal and raises one
assignment of error for this Court's review.
trial court erred in granting Appellees' motions for
summary judgment as there are ...