In the case of Sharp v. Shaker Hts., 2021-Ohio-4132, the Eighth District Court of Appeals held that the trial court did not err in granting summary judgment in favor of a city in a negligence action.
Here, the plaintiff alleged that the city was negligent in its removal of a sign from a sidewalk, leaving behind a short stub which the plaintiff tripped on, causing the plaintiff to suffer injures. The trial court granted summary judgment in favor of the city.
The Court of Appeals reasoned that the trial court did not err in granting summary judgment in favor of the city where the plaintiff failed to provide evidence that the city had notice of the sign stub being present. The Court of Appeals further reasoned that the was no evidence of any prior injuries caused by the sign stub nor was there any evidence that the city installed or removed the sign at issue. As such, the Court of Appeals affirmed the trial court’s ruling.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.