Was City Responsible for Hazard Created by Existence of Water on Floor Regarding Which Individual Had Complained ?
In DeVaughn v. City of Dayton, Montgomery App. No. 19333, 2002 Ohio 6078, the claimant slipped on what she guessed was water while walking in the Dayton Convention Center.
However, she offered no additional information sufficient to impose liability upon the city.
The Court noted in that case:
"There is no evidence in this record that the Convention Center staff had actual knowledge of any water on the floor. Likewise, there is no evidence that the floor was wet for a length of time sufficient to justify an inference that the Convention Center had constructive notice of the condition.
"Moreover, we find nothing in Devaughn's deposition testimony to support a finding that the City was responsible for the hazard of which she complains; the Court conclude that DeVaughn has failed to demonstrate that a genuine issue of material fact exists with regard to her claim.
Therefore, the trial court did not err by rendering summary judgment against her." Id. at P30-35.