Breach of Duty on Part of Animal Hospital In a Slip and Fall Case Not Established
In Johnston v. Miamisburg Animal Hospital, Inc., Montgomery App. No. 18863, 2001 Ohio 1467, the Court upheld summary judgment on similar grounds.
In Johnston the plaintiff alleged he slipped on a wet spot when he stepped into the kennel area of the animal hospital.
Notably, the plaintiff did not provide evidence that the animal hospital created the condition nor did he provide the length of time the water had been on the floor.
As a result this court held: "the record fails to indicate that the Hospital had actual knowledge of the existence of water on the cement floor. Nor is there any evidence as to how long the floor had been wet from which a trier of fact could infer that the Hospital had constructive notice of the condition.
In sum, the record fails to establish any of the three methods of demonstrating a breach of duty in a slip and fall case.
Accordingly, there being no genuine issue of material fact on the question of the Hospital's duty of care, the trial court properly granted summary judgment." Id. at 8-10.