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Armentrout v. Meyer's Garden Center and Landscaping11/7/2005
y for appellant, we find no genuine issues of material fact exist regarding the open and obvious nature of the landscape edging. Reasonable minds could come to but one conclusion and that conclusion is adverse to appellant. Civ.R. 56.
{ } Reasonable minds could only conclude that the black edging used along one side of the landscaping bed to separate the mulch bed from the brick pavers and concrete walkway was an open and obvious hazard from which New Plan may reasonably expect that appellant would discover and take appropriate action to protect herself. Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66; Paschal at 204; cf. Lydic v. Lowe's Companies, Inc., Franklin App. No. 01AP-1432, 2002-Ohio-5001, (determinative issue is whether the condition is observable, even where plaintiff did not actually notice the condition until after she fell).
{ } Further, reasonable minds could come to but one conclusion and that conclusion is adverse to appellant on the issue of whether the attendant circumstances she cited avoided the open and obvious doctrine. See Hess v. One Americana L.P., Franklin App. No. 01AP-1200, 2002-Ohio-1076 (where plaintiff claimed that sun over a car in parking lot created a shadow in front of her, court declined to find liability where defendants had no control over shadows caused by sun).
{ } Accordingly, New Plan is entitled to summary judgment and the trial court did not err in that regard. Appellant's sole assignment of error is overruled.
{ } Based upon the specific language of appellant's assignment of error, appellant only disputes the grant of summary judgment to New Plan. Since we have ruled upon the assignment of error as set forth on appeal, our review is concluded. See App.R. 12.
{ } Judgment affirmed.
YOUNG and BRESSLER, JJ., concur.
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