diving platform provided for eleven-year-old business invitee slippery because wet from rain and because not covered by matting or abrasive substance
How later courts described this case
- diving platform provided for eleven-year-old business invitee slippery because wet from rain and because not covered by matting or abrasive substance
- “‘it is the defendant’s superior knowledge of existing dangers or perils to persons going upon the property which is the basis of liability’”
Written by the judges who cited it.
Distinguished
Distinguished by Benjamin v. Deffet Rentals, Inc., 66 Ohio St. 2d 86 (1981)
Appellees contend that Englehardt is distinguishable in that the decision therein was reached upon a motion for directed verdict, whereas, this cause was terminated upon a motion for summary judgment.
The opinion
Day, J.,
concurs in paragraphs 1, 2, 3 and 5 of the syllabus, but dissent from paragraph 4 of the syllabus and from the judgment.
Myers, J., not participating.