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Visitor Unable to Withstand Summary Judgment After Failing to Provide Evidence of Hazard or Cause of Fall in Negligence Action

In the case of DiCarlo v. Fairview Hosp., 2022-Ohio-75, the Eighth District Court of Appeals held that summary judgment in favor of a hospital was proper in a visitor’s negligence action.

Here, the visitor alleged that the hospital was negligent after the visitor slipped and fell in the hallway, causing the visitor to sustain injuries.

The Court of Appeals reasoned that the visitor failed to offer evidence to show that a hazard existed and was unable to identify what caused the visitor to fall. The Court of Appeals further reasoned that since the visitor’s deposition testimony further contradicted the allegations, summary judgment was proper.

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.

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