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Rosemann v. City of Berea9/2/1999
evelopment Co. (Feb. 5, 1998), Cuyahoga App. No. 72034, unreported. (Emphasis in original; underscoring added.) See, also, Elkins v. City of Lakewood (Nov. 25, 1998), Cuyahoga App. No. 73778, unreported; McCutcheon v. Kidman (Aug. 18, 1994), Cuyahoga App. No. 66117, unreported.
There is nothing in the record to suggest any of the exceptions to the general rule exist in this case. In his affidavit, Reeder stated BW neither created nor was notified of any problem involving the water cap in the sidewalk. Under these circumstances, summary judgment for BW on appellant's claims also was appropriate. Tackett v. Ball (Sep. 23, 1998), Jackson App. No. 97CA822, unreported; McCutcheon v. Kidman, supra; Edmonds v. Corporate Service Management Estates, supra; cf., Hughes v. Kozak (Feb. 22, 1996), Cuyahoga App. No. 69007, unreported.
Since the trial court did not err in granting appellees' motions for summary judgment, appellant's assignment of error is overruled.
Judgment affirmed.
It is ordered that appellees recover of appellant the costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MICHAEL J. CORRIGAN, J. and PATRICIA A. BLACKMON, J. CONCUR
PRESIDING JUDGE KENNETH A. ROCCO
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