Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Paul A. Mancino, Jr. Mancino Mancino
ATTORNEY FOR APPELLEE Robert D. Warner Reminger &
Reminger Co., L.P.A.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, JUDGE
Plaintiff-appellant, Terry Walker ("Walker"),
appeals from the trial court's judgment granting summary
judgment in favor of defendants-appellees, 24570 Lakeshore
Property, L.L.C., d.b.a. Greenwood Apartments
("Lakeshore"). For the reasons set forth below, we
Lakeshore is the owner and landlord of a multi-unit apartment
building located at 24570 Lakeshore Boulevard in Euclid, Ohio
("the premises"). Walker was a new tenant of
Lakeshore's. On February 14, 2015, Walker left her
apartment and was walking to her car. She was not able to
exit the building through the rear door because it was frozen
shut with ice. As a result, she exited from the front door.
Outside the front door were two steps and a sidewalk leading
to the parking lot where Walker's car was parked.
On the day of the incident, it had been snowing. Walker
described the weather as somewhat of a blizzard, cold, snowy,
and icy, with up to seven inches of snow on the ground. It
was snowing and icy a couple days before then. As a result,
there was ice and snow everywhere. When Walker walked down
the stairs and onto the sidewalk, she began to slide on the
icy sidewalk. She then lost her balance and fell to the
In January 2016, Walker filed a complaint against Lakeshore,
alleging that Lakeshore was negligent and violated its
statutory duties under R.C. 5321.04, requiring a landlord to
keep all common areas of the premises in a safe condition.
Lakeshore filed an answer, denying the allegations and
asserting that the condition of the sidewalk was open and
After discovery, Lakeshore moved for summary judgment. In its
motion, Lakeshore argued that Walker fell because of a
natural accumulation of snow and ice, which constitutes an
open-and-obvious danger. As an open-and-obvious danger,
Lakeshore argued that it had no duty to warn Walker or remove
the snow. Attached to its motion was a copy of an article
from cleveland.com discussing the heavy snowfall in
the Cleveland area on February 14, 2015. Walker opposed the
motion and filed a motion to strike this article as an
unauthenticated exhibit. The trial court denied the motion to
strike and granted summary judgment in Lakeshore's favor.
The court found that Lakeshore is "entitled to summary
judgment because the cause of [Walker's] fall was an open
and obvious natural accumulation of ice and snow on a
It is from this order that Walker appeals, raising the
following two assignments of error for review.
Assignment of Error One
[Walker] was denied due process of law when the court granted
a motion for summary judgment as there were genuine issues of
material facts which precluded a grant of summary judgment.
Assignment of Error Two
The court erred in not striking ...