VON GUNTEN v. WAL-MART STORES, E., INC.

No. 2011CA00037.

2011 Ohio 4976

Roberta Von Gunten, et al., Plaintiffs-Appellants, v. Wal-Mart Stores East, Inc., Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT: September 26, 2011.


Attorney(s) appearing for the Case

RANDALL M. TRAUB , 8040 Cleveland Avenue, NW, Suite 400, North Canton, OH 44720, for Plaintiffs-Appellants.

RICARDO J. CARDENAS , 222 South Main Street, Akron, OH 44308, for Defendant-Appellee.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Sheila G. Farmer, J.


OPINION

FARMER, J.

{¶1} On January 25, 2009, appellant, Roberta Von Gunten, fell at a Sam's Club store and sustained injuries.

{¶2} On June 29, 2010, appellant, together with her husband, Richard Von Gunten, filed a negligence complaint against appellee, Wal-Mart Stores East, Inc. Appellee filed a motion for summary judgment on November 19, 2010, claiming the open and obvious doctrine. By judgment entry filed January...

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