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Harrigill v. Thompson Concrete, Ltd.

Court of Appeals of Ohio, Tenth District

December 21, 2017

Janelle Harrigill, Plaintiff-Appellant,
v.
Thompson Concrete, Ltd., Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas No. 16CV-6345

         On brief:

          Schiff & Associates Co., LPA, and Terry V. Hummel, for appellant.

         Argued:

          Terry V. Hummel.

         On brief:

          Lavell O. Payne and Kevin W. Popham, for appellee.

         Argued:

          Lavell O. Payne.

          DECISION

          KLATT, J.

         {¶ 1} Plaintiff-appellant, Janelle Harrigill, appeals the judgment of the Franklin County Court of Common Pleas that granted summary judgment for defendant-appellee, Thompson Concrete, Ltd. Because Thompson has established that there are no issues of material fact and that it is entitled to judgment as a matter of law, we affirm.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On June 28, 2013, Harrigill was on her way to attend the state Special Olympics games at Ohio Stadium on the campus of The Ohio State University ("OSU") with her daughter and two young grandchildren. The weather was sunny, clear, and dry. After parking her car, Harrigill and her daughter and grandchildren began walking down the sidewalk on West 11th Avenue when they encountered a marked construction site at the intersection of West 11th Avenue and Hunter Avenue. OSU was renovating the south high rise dormitory and adjacent areas near that intersection. This large renovation project involved a number of contractors, including Thompson. Thompson was renovating the sidewalks in the area. The sidewalk renovation was not yet completed. A several-inch deep channel remained to be filled where the curbs would be installed. To facilitate foot traffic to the event, Thompson installed two-by-four inch boards in the channel to create a level temporary pedestrian walkway. The channel and crosswalk were then marked off with orange barrels to guide pedestrians as they crossed the street.

         {¶ 3} As Harrigill approached the intersection of West 11th Avenue and Hunter Avenue, she encountered a plywood board that had been laid over the two-by-four inch boards to create a ramp from the road to the sidewalk. Nothing obstructed her view of the plywood board and she admits that she saw it. As Harrigill attempted to step over/onto the plywood board, she caught her left toe on the edge of the board ...


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