from the Franklin County Court of Common Pleas No. 13CV-10738
Butler, Cincione & DiCuccio, William A. Davis, and N.
Gerald DiCuccio, for appellant.
William A. Davis.
Roetzel & Andress, LPA, Bradley L. Snyder, and Andrew S.
Good, for appellee.
1} Plaintiff-appellant, Katherine Koepke, appeals a
judgment of the Franklin County Court of Common Pleas that
granted summary judgment to defendant-appellee, Metropolitan
Property and Casualty Insurance Company
("Metropolitan"). For the following reasons, we
reverse that judgment and remand this case to the trial
2} On September 22, 2012, at approximately 2:00
a.m., Koepke attempted to walk across Godown Road at a
location approximately 300 to 4oo feet north of the
intersection with Bethel Road. No crosswalk existed at the
point where Koepke tried to traverse Godown Road.
3} Before crossing the road, Koepke looked both ways
and saw no approaching traffic. As she walked across the
southbound lane of Godown Road, Koepke saw a vehicle turn
left off of Bethel Road into the northbound lane of Godown
Road. Koepke adjudged the vehicle as driving too fast for her
to safely cross the northbound lane, so she stopped and stood
in the middle of Godown Road. In the location where Koepke
stopped, yellow paint forms a wedge-shaped area that precedes
the left-hand turn lane for traffic traveling south on Godown
Road that intends to turn left, or east, onto Bethel Road
(hereinafter we will refer to the wedge-shaped area as
"the median"). The median is interspersed with
wide, yellow diagonal lines and bound on each side by
double-yellow lines. Koepke stopped there because, as she
later stated, "[c]ars can't drive in yellow
lines." (Apr. 28, 2014 Koepke Dep. at 103.)
4} After the vehicle turned onto Godown Road, it
swerved to the right, corrected itself, and then swerved in
Koepke's direction. Koepke started backing up when she
saw the vehicle driving at her, but the vehicle struck
Koepke, causing her serious injury. At the time the vehicle
hit Koepke, she was still standing in the median. Koepke
believes that the front, driver side of the vehicle hit her
and the driver-side mirror cut her ...