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Bae v. Dragoo and Associates2/3/2004
ough the trial court found the swimming pool to be open and obvious to decedent, it did not find contributory negligence on the part of decedent. Second, Dragoo did not breach its duty. Dragoo met the requirements of Ohio law related to public swimming pools. The fact that Dragoo did not go above and beyond what is required does not establish a breach of its duty. Third, appellants' motion for partial summary judgment on the spoliation-of-evidence claim was properly overruled as moot. Therefore, appellants were not reversibly prejudiced by the alleged destruction of pool records.
. Based on the foregoing, appellants' first, second, and third assignments of error are overruled, the fourth assignment of error is rendered moot, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
Bowman and Brown, JJ., concur.
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