no evidence summary judgment
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Foreclosure - Summary Judgment - No Evidence
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wrongful death action; negligence; towing company returned vehicle to allegedly intoxicated driver; plaintiff passenger later killed in traffic accident; towing company owed no duty of care to passenger as no evidence in summary judgment record indicating towing company voluntarily assumed duty to protect passenger.
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Appellant filed a complaint against OSU alleging assault that caused permanent injury. The court of claims granted OSU's motion for summary judgment because there was no evidence that OSU breached any duty under the law, that OSU failed to act in accordance with a duty or that OSU's conduct proximately caused her injury.
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Motion for summary judgment erroneously granted when moving party points to no evidence.
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Political subdivision immunity; school board; R.C. 2744.02(B)(4): Trial court properly granted summary judgment in favor of school board where parents of injured child failed to demonstrate that an issue of fact existed as to whether the school's gymnasium floor was defective for the purpose of roller skating, or that the child's injuries were caused by the negligence of his physical education teachers. Employees of political subdivision; R.C. 2744.03(A)(6): Summary judgment in favor of physical education teachers was proper where there was no evidence to indicate that they acted in a wanton or reckless manner in designing the skating course or supervising the students.
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Judgment on the pleadings was appropriate on appellants wrongful discharge claim when the pleadings demonstrated appellant police officer was not an at-will employee and the village followed its procedures in terminating him. Summary judgment on appellants race discrimination claim also was appropriate since he presented no evidence at all to support a prima facie case.
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NEGLIGENCE - slip and fall on stairs; social guest-host relationship; without evidence that host caused his guest to fall by any act or activity or that he knew of a dangerous condition involving the steps, host owes no duty of care to his guest; host can assert open and obvious doctrine as defense; host owes no duty to guest if condition was observable; guest must present evidence of proximate cause to avoid summary judgment.
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Summary Judgment: no genuine issue of material fact, no evidence of fraudulent misrepresentation/concealment, caveat emptor, open and obvious defect, inspection.
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Trial court properly granted appellee’s motion for summary judgment. No evidence of actionable negligence on the part of appellee was presented by appellant. Judgment affirmed.
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NEGLIGENCE – NO EVIDENCE OF BREACH OF DUTY OF CARE; SUMMARY JUDGMENT