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Keywords

defendantnegligencetrialduty of care
damagesliabilitytrialduty of careappellant

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Daley v. Fryer, 30 N.E.3d 213, 2015-Ohio-930

Facts

On March 6, 2014, Charles and Shirley Daley filed a complaint against Eileen Fryer and Canal Pharmacy after Charles slipped and fell on a sidewalk next to the pharmacy, leading to his partial paralysis. The Daleys claimed negligence, asserting that the defendants were responsible for maintaining the sidewalk. Canal Pharmacy argued that the sidewalk was public property and that the ice accumulation was natural, while Fryer contended she had no duty to protect invitees from natural accumulations of snow and ice.

On March 6, 2014, the Daleys filed a complaint against Fryer and Canal Pharmacy seeking recovery for damages stemming from injuries Charles suffered when he slipped and fell on the sidewalk abutting Canal Pharmacy.

Issue

Did the trial court err in determining that the ice accumulation on the sidewalk was natural and that the defendants did not owe a duty of care to Charles Daley?

THE TRIAL COURT ERRED BY DETERMINING THAT APPELLANT CHARLES SLIPPED AND FELL ON A NATURAL ACCUMULATION OF SNOW AND ICE.

Rule

The general rule is that property owners owe no duty to keep public sidewalks free from natural accumulations of snow and ice, unless they are actively negligent in creating or permitting an unnatural accumulation.

the general rule governing natural accumulations of snow and ice on public sidewalks is that the owner owes no such duty and is not subject to civil liability even where an ordinance requires the owner or occupier to keep abutting sidewalks free from snow and ice.

Analysis

The court analyzed the evidence and determined that the ice accumulation was a result of natural weather conditions, not due to any negligence by the defendants. The Daleys failed to provide sufficient evidence that the defendants had knowledge of any unnatural accumulation or that they were actively negligent in maintaining the sidewalk. The court emphasized that the defendants were not liable for conditions created by acts of nature.

the evidence reveals that the weather was cold and snowy on the days leading up to Charles' accident. Charles admitted that he was aware there was snow on the ground and possibly ice on the sidewalks.

Conclusion

The appellate court affirmed the trial court's judgment, concluding that the defendants did not breach any duty of care and that the ice accumulation was natural.

the trial court did not err in finding that Charles slipped on a natural accumulation of snow and ice.

Who won?

Canal Pharmacy and Eileen Fryer prevailed in the case because the court found that they did not owe a duty of care regarding the public sidewalk and that the ice accumulation was natural.

Canal Pharmacy and Eileen Fryer prevailed in the case because the court found that they did not owe a duty of care regarding the public sidewalk and that the ice accumulation was natural.

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