 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Goolsby v. Family Foods2/12/2004
JUDGMENT: AFFIRMED
. Plaintiff-appellant Dawn Goolsby ("appellant") appeals from the decision of the trial court granting summary judgment in favor of defendant-appellee Family Foods, Inc. ("Family Foods"). Having reviewed the arguments of the parties and the pertinent law, we affirm the lower court.
I.
. On December 22, 1999, appellant's co-worker, Ms. Snipes, gave appellant a disposable cigarette lighter as a Christmas present. The lighter was allegedly purchased at Family Foods, located at 1010 East 152nd Street in Cleveland, Ohio. Appellant claimed that the Pushlite Lighter Company was engaged in the business of selling and/or manufacturing disposable cigarette lighters, and it sold an allegedly defective disposable cigarette lighter to Family Foods who, in turn, sold it to appellant's co-worker. Appellant contends that when she used this lighter it sprayed butane in her face and caused her to sustain an injury . Appellant claimed that the lighter's flame never ignited, nor did the butane, but the liquid allegedly injured the right side of her face. Appellant has incurred medical bills in excess of $2,500.
. As previously indicated, this lawsuit arises out of an incident occurring on December 22, 1999. The case went on for a period of time with some discovery problems and finally, on May 2, 2003, the trial court stated the following:
"With respect to the remaining defendants, as the case has been pending for over a year without Pltf obtaining service, case is hereby dismissed, without prejudice, for want of commencement."
. On May 30, 2003, appellant filed her notice of appeal with this court asserting five assignments of error.
II.
. Appellant's first assignment of error states the following: "The trial court erred to the prejudice of the appellant in granting appellee's motion for summary judgment when appellee failed to point to any evidence of the type listed in Civil Rule 56(c) to establish a lack of genuine issue of material fact."Civ.R. 56 provides that summary judgment may be granted only after the trial court determines: (1) no genuine issues as to any material fact remain to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come but to one conclusion. Norris v. Ohio Std. Oil Co. (1982), 70 Ohio App.2d 1; Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317.
. We find that Family Foods satisfied its summary judgment burden. In the case at bar, appellant never provided Family Foods with any specific identifying information regarding the lighter during the discovery process. Despite numerous requests for information regarding the lighter by appellee, appellant never produced the lighter at issue, nor did appellant produce the sales receipt for the lighter demonstrating that it was indeed purchased at Family Foods.
. Family Foods was never afforded the opportunity to observe or examine the lighter and appellant failed to produce an expert report suggesting that the cigarette lighter was defective. In addition, the lighter did not come with any packaging or inserts. Appellant stated that the sales receipt was given to her when she received the lighter and that she gave the sales receipt and the lighter to her attorney. However, Family Foods was never provided with a copy of the receipt or an opportunity to inspect the lighter.
. At no time on the date of the incident or after the incident did appellant report this incident to anyone at Family Foods. In addition, appellant never attempted to contact the manufacturer and f
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|