WRITING MANUAL - Supreme Court - State of Ohio

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Example 1—Civil Case, Single Issue This line is referred to as the “cite-as line.” These italicized headnotes are written by the Supreme Court Reporter’s Office, not by the court. Unlike in citations, this line uses county only, not district. A per curiam opinion generally does not have a syllabus. Note the use of paragraph numbers. They are added by the Reporter’s Office before the opinion is released. Use of headings is discretionary, but often helpful, especially in a lengthy case with multiple issues. Choose one moniker for a party—here, either “Doe” or “appellant”—and stick with it. DOE, APPELLANT, v. XYZ AUTO SALES, APPELLEE. [Cite as Doe v. XYZ Auto Sales, 000 Ohio St.3d 444, 2009-Ohio-0000.] Negligence—Premises liability—Duty to business invitee—Ice and snow—No duty owed to business invitee for injury from fall on ice and snow when conditions on premises are substantially similar to those prevailing generally in area. (No. 2008-0000—Submitted July 1, 2009—Decided October 10, 2009.) APPEAL from the Court of Appeals for No-Name County, No. 00000, 2008-Ohio-0000. Per Curiam. __________________ { 1} The issue presented in this appeal is whether an owner of property is liable to a business invitee who is injured on the property when he slips on a patch of ice covered by snow. We conclude that the owner is not liable when snow-covered ice prevails generally in the area, because the owner may assume that the business invitee will apprehend the danger and act to ensure his own safety. Facts and Procedural History { 2} On December 12, 2002, plaintiff-appellant, John Doe, visited the business premises of defendant-appellee, XYZ Auto Sales, to buy a car. Although the car lot had been plowed the day before, an overnight blizzard caused a fresh accumulation of ice and snow. As Doe was crossing the lot, he slipped on a snowcovered icy spot and fell, breaking his wrist. { 3} Doe sued XYZ, alleging negligent failure to maintain the lot in a reasonably safe condition. The trial court granted XYZ’s motion for summary judgment. The court reasoned that when the owner or occupier of business premises is not shown to have had notice, actual or implied, that the natural accumulation of snow and ice on his premises was substantially more dangerous to his business invitees than they could reasonably have expected from their knowledge of conditions prevailing generally in the area, the owner is not liable for any injury resulting from snow and ice. Identifies the main issue and summarizes the facts. States the court’s conclusion. Identifies parties and their status. Describes relevant events that prompted filing of lawsuit, i.e., relevant incidents before any court or agency involvement. Establishes procedural posture—case decided on summary judgment. Identifies rationale for trial court’s decision. The Supreme Court of Ohio 132 Writing Manual
{ 4} Doe appealed, alleging that the trial court had failed to consider that XYZ had superior knowledge of a hidden danger because the ice that caused his fall was under the snow and not observable by Doe. Thus, he claimed, XYZ had no right to assume that visitors to its premises would recognize the danger and act to ensure their own safety. { 5} The court of appeals affirmed, holding that even if the ice underneath the snow was hidden, Doe presented no evidence that this danger substantially exceeded the danger posed by conditions generally prevailing in the area. States who appealed and why. Describes how the court of appeals decided the appeal. Question Presented { 6} We are asked to define the circumstances, if any, in which a business owner may be liable for an injury to a business invitee caused by a natural accumulation of snow and ice on the premises. Articulates in precise terms the question presented by the appeal. Analysis { 7} Because this matter was decided by summary judgment, we review this appeal de novo, governed by the standard set forth in Civ.R. 56. Seeley v. Gallagher, 000 Ohio St.3d 555, 556, 000 N.E.2d 444 (2000). { 8} In Ohio, an owner or occupier owes no duty to keep the business premises free from natural accumulations of snow and ice. Garcia v. Acme Co., 000 Ohio St.3d 888, 2004-Ohio- 0000, 000 N.E.2d 777, 9; Lacey v. ABC Corp., 000 Ohio St.3d 333, 335, 000 N.E.2d 222 (2001). This court has held that the dangers posed by snow and ice are obvious and that “the owner or occupier has a right to assume that his visitors will appreciate the risk and take action to protect themselves accordingly.” Spears v. Englewood, 000 Ohio St.3d 444, 447, 000 N.E.2d 222 (1989). { 9} Doe claims that the general rule does not apply here, because the ice that caused his fall was concealed under a covering of snow, and the danger was therefore not obvious. We decline to recognize such an exception under the facts of this case. A plaintiff seeking damages from a slip and fall on snow or ice has the burden of showing that the conditions that caused the injury were “substantially more dangerous than those prevailing generally.” Spears at 445. Doe has made no such showing. In fact, he admitted that icy patches concealed by snow were common that day because the melting snow had refrozen during the snowfall the previous night. Identifies which standard of review applies and why. Sets forth legal principles and identifies sources of legal principles. Explains parties’ arguments. Applies legal principles to facts. The Supreme Court of Ohio 133 Writing Manual
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1.6. Foreign Cases... .............
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SECTION FOURTEEN: THE CASE CAPTION
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HOW TO CITE SUPREME COURT OF OHIO C
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OHIO APPELLATE DISTRICTS MAP The Su
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HOW TO CITE OHIO COURTS OF APPEALS
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In citations of trial court opinion
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c. Non-print published cases with n
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c. Non-print published cases with n
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ABBREVIATIONS FOR REPORTERS OF OHIO
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RULE NAMES AND THEIR ABBREVIATIONS
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HOW TO CITE TEXTS, TREATISES, AND D
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HOW TO USE SEE ALSO Because M.B.’
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WRITING MANUAL - Supreme Court - State of Ohio

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