Dowling v. Cleveland Clinic Found., No. 09-3159

In plaintiffs' action against defendants for injuries sustained when she slipped and fell in a puddle of water while walking down a hallway adjacent to the cafeteria at a clinic, summary judgment in favor the defendants is affirmed where: 1) plaintiffs did not proffer any evidence of how long the water hazard had existed before the fall such that an employee would have constructive notice, as required by Ohio slip-and-fall law; 2) the district court did not abuse its discretion in denying plaintiffs' motion for additional discovery because plaintiffs made no discovery requests until after the defendant had completed its discovery and filed its motion for summary judgment, fifteen months after plaintiffs filed their suit in federal court, and also did not complete their discovery during the sixty days offered by the court.     

Read Dowling v. Cleveland Clinic Found., No. 09-3159

Appellate Information

Argued: November 20, 2010

Decided and Filed: February 3, 2010

Judges

Opinion by Circuit Judge  Martin

Counsel

For Appellant:  Harry D. Rankin, Sutton Rankin Law, PLC

For Appellee:  Keith Hansbrough, Bonezzi Switzer Murphy Polito & Hupp Co., LPA