Michelle L. Blevins Appellant
Green Acres Mobilehome Park, Inc., et al. Appellees
Court No. 15CV000129
C.William Bair, for appellant.
D.Casey Talbott, Sarah E. Stephens and Matthew A. Cunningham,
DECISION AND JUDGMENT
1} Appellant, Michele Blevins, appeals the judgment
of the Fulton County Court of Common Pleas, granting summary
judgment to appellees, Green Acres Mobilehome Park, Inc., and
Moses Williamson,  on appellant's claims for negligence.
For the reasons that follow, we affirm.
Facts and Procedural Background
2} The facts taken from the complaint and
appellant's deposition are as follows. Appellant was a
resident at appellees' mobile home park. She claims that
she was injured as a result of three separate acts of
negligence by appellees.
3} The first incident occurred on August 24, 2013.
The property manager at that time, Susan Wilczynski, now
deceased, had asked appellant to help trim the weeds near the
pond. Appellant was not paid for her help, but instead was
doing it as a favor because her boyfriend was friends with
Susan. Appellant testified at her deposition that as she was
trimming the weeds, Susan approached her from behind on a
riding lawnmower. When she was about six to eight feet away,
Susan yelled appellant's name to get her attention.
Appellant testified that when Susan yelled her name it
startled her, and caused her to shift her weight. When
appellant shifted her weight, her foot sank down in the mud
in the bank of the pond, which injured her right ankle.
4} Appellant did not notify Susan of the injury at
the time, but instead followed Susan approximately 100 yards
to where Susan's boyfriend Matt was trimming a tree. The
second incident occurred during the tree trimming process.
Appellant testified that she was asked to hold a rope that
was tied to a branch, to keep the branch from hitting Matt as
he trimmed the tree. According to appellant, the branches
were 25 to 30 feet long. Appellant, based on her own
tree-cutting experience, immediately recognized that this was
a job that should be done by professionals, and initially
refused to help. Appellant testified that as she was walking
away, Susan threatened her by stating "Don't forget
who paid your rent." Appellant acquiesced and returned
5} While holding the rope, appellant's hands
became raw and bloody, and she told Susan that she could not
continue unless she had gloves and better shoes. However, no
gloves or shoes were provided. To relieve the pressure on her
hands, appellant, of her own accord, then tied the rope in a
knot around a tree limb, placed the limb on the ground, and
then stood on the limb to keep it from moving. While
appellant was standing on the limb, a branch that Matt cut
caused the rope to jerk, thereby injuring both of
appellant's feet. Notably, appellant did not realize that
her feet were injured until later that afternoon or evening.
6} The third incident occurred on January 8, 2014.
On that day, Susan asked appellant to use a snow blower to
remove some snow from around the mailboxes at the mobile home
park. Appellant testified that the snow blower did not have
enough gas, and at Susan's direction, appellant filled
the snow blower with her own gas. While pouring the gas into
the snow blower, appellant shifted her weight to her left
foot, and in so doing broke a bone in her foot.
7} Finally, at her deposition, appellant alleged
that the negligent acts of appellees caused her further
injury in July 2016, when appellant passed out and fell,
hurting her left knee. Appellant stated that she passed out
because of a heart condition, and that the heart condition
arose from her extended use of a non-smoking medication,
which was recommended to her by her physician on the basis
that she would be healthier with regard to her feet if she
stopped smoking, and her feet were originally injured by
8} On June 18, 2015, appellant filed the present
complaint against appellees, alleging that appellees'
negligence caused her injuries. On July 31, 2017, appellees
moved for summary judgment, arguing that even if it could be
shown that appellees owed appellant a duty of ordinary care,
there is no evidence that appellees breached that duty, or
that any breach proximately caused appellant's injuries.
Appellant opposed the motion for summary judgment, arguing
that appellees failed to maintain the premises in a fit and
habitable condition, and further committed negligence when
Susan startled appellant while she was trimming the weeds,
and when Susan failed to give appellant the necessary
equipment when trimming the tree and using the snow blower.
On August 28, 2017, the trial court entered its judgment
granting summary judgment in favor of appellees.
9} II. ...