BALL v. CLEVELAND

No. 57576.

65 Ohio App.3d 305 (1989)

BALL et al., Appellants, v. CITY OF CLEVELAND, Appellee.

Court of Appeals of Ohio, Cuyahoga County.

Decided November 20, 1989.


Attorney(s) appearing for the Case

Barragate & Barragate and Suzanne Stocker, for appellants.

Nick Tomino, Director of Law, and Joan M. King, Assistant Director of Law, for appellee.


Per Curiam.

In an accelerated appeal a pedestrian challenges the trial court's grant of summary judgment in favor of the city of Cleveland ("the city"). The pedestrian allegedly slipped and fell on a snow-covered steel plate placed in the street by the city.

The city has a statutory duty to keep the streets "open, in repair and free from nuisance," where the condition in question renders a street unsafe for the "usual and ordinary modes of travel."...

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