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DEVRY UNIVERSITY
3005 HIGHLAND PKWY
DOWNERS GROVE, IL 60515-5799

Source: OH Courts of Appeals Cases from 1913
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REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees.

CASE NO. CA2008-09-110

COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY

2009-Ohio-1734; 2009 Ohio App. LEXIS 1469

April 13, 2009, Decided

PRIOR HISTORY: [**1]
CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537.

CASE SUMMARY:

PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed.

OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity by affidavit. Further, the incident report, and the alleged corresponding witness statements, did not meet the admissibility requirements of Civ. R. 56, and therefore, were not entitled to consideration by the trial court for summary judgment purposes. Finally, summary judgment was properly granted. Because the victim could not identify or explain what caused her to slip and fall as…...

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