Mullins v. Grey Hawk Golf Club
Mullins v. Grey Hawk Golf Club
Opinion
{¶ 1} Dennis Mullins appeals a judgment of the Lorain County Court of Common Pleas that granted summary judgment to Grey Hawk Golf, LLC, doing business as Grey Hawk Golf Club, and Durham Ridge Investments, LLC (collectively "Grey Hawk") on his negligence claim. For the following reasons, this Court reverses.
I.
{¶ 2} Mr. Mullins plays golf once or twice a week with a group of men known as the Vultures. On the morning of August 12, 2015, the Vultures' usual course was unavailable, so they chose to play Grey Hawk instead. Mr. Mullins's foursome teed off sometime after 8:00 a.m., starting on the back nine. After completing the tenth hole, the group proceeded to the eleventh, a par three with a green on an island that is only accessible via a wooden bridge. The bridge had a nylon carpet-like runner down the center of it to prevent frost. At the end of the bridge, there was a small wooden ramp descending down to the surface of the green. The ramp had a "nonskid rubberized mat" in the middle of it for "slip resistance" and to reduce the wear and tear of the ramp.
{¶ 3} The bridge and ramp were wet, either because of morning dew or the golf course's sprinkler system. Mr. Mullins, therefore, kept to the center of the bridge as he crossed it. As he was walking down the ramp, however, he slipped on the mat and fell, injuring his knee. He subsequently sued Grey Hawk for negligence. Grey Hawk moved for summary judgment, arguing that Mr. Mullins's claim was barred under the doctrine of assumption of the risk. It also argued that the danger was open and obvious. The trial court granted its motion, reasoning that slipping on wet surfaces is ordinary to the game of golf and that the condition of the bridge was open and obvious. Mr. Mullins has appealed, assigning as error that the trial court incorrectly granted summary judgment to Grey Hawk.
II.
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED WHEN IT GRANTED GREY HAWK GOLF CLUB'S MOTION FOR SUMMARY JUDGMENT.
{¶ 4} Mr. Mullins argues that the trial court incorrectly awarded summary judgment to Grey Hawk. Under Civil Rule 56(C), summary judgment is appropriate if:
(1) [n]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party.
Temple v. Wean United, Inc.
,
{¶ 5} Mr. Mullins argues that the trial court incorrectly determined that the slippery ramp mat was an open and obvious danger. The Ohio Supreme Court has held that, "[if] a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises."
Armstrong v. Best Buy Co. Inc.
,
{¶ 6} Open and obvious dangers are not hidden, are not concealed from view, and are discoverable upon ordinary inspection.
Kirksey v. Summit Cty. Parking Garage
, 9th Dist. Summit No. 22755,
{¶ 7} To determine whether a danger was open and obvious, this Court considers the hazard itself and any attendant circumstances that existed at the time of the incident.
Marock v. Barberton Liedertafel
, 9th Dist. Summit No. 23111,
{¶ 8} Mr. Mullins argues that, although the mat was observable, the fact that it had become slippery was not. He notes that in
Baker v. Bob Evans Farms, Inc.
, 9th Dist. Wayne No. 13CA0023,
{¶ 9} The trial court reasoned that the danger was open and obvious because the bridge had coverings that would "tip a golfer off to the potential slipping hazard." It noted that the foursome ahead of Mr. Mullins's group warned his group about the condition of the bridge. It also noted that some of the men in Mr. Mullins's group who crossed the bridge in front of him also nearly fell. The court also reasoned that an avid golfer like Mr. Mullins would be aware that golf course surfaces can be dangerous during early morning hours when they are still wet.
{¶ 10} Mr. Mullins testified at his deposition that he crossed the bridge in the middle because that was where it was covered in "special stuff to help people from slipping." When he got to the ramp, he continued walking down the middle, even though the covering had changed from "good quality stuff" to "cheap" "[t]ar paper[.]" Mr. Mullins testified that he probably looked down before he took the first step onto the ramp, but then up to where his ball had landed. He estimated that he took several steps on the ramp before slipping.
{¶ 11} One of Mr. Mullins's group members testified that, although their group was warned about the bridge being slippery, Mr. Mullins would not have heard the warning because he is hard of hearing. Another group member testified he almost fell while crossing the bridge because "the actual wood part of the bridge was slippery" and he "stepped on the wood[.]"
{¶ 12} Unlike his other group members, Mr. Mullins testified that he crossed the bridge using the "special you ain't going to slip on it stuff[.]" He also descended the ramp using the "nonskid rubberized mat[.]" There is nothing in the record that suggests that it was observable that the mat's nonskid quality had been compromised. There is also nothing in the record that Mr. Mullins had been specifically warned by others that the mat on the ramp was slippery as opposed to the bridge in general. Viewing the evidence in a light most favorable to Mr. Mullins, we conclude that there is a genuine issue of material fact as to whether the slipperiness of the mat was an open and obvious danger.
{¶ 13} Mr. Mullins also argues that the trial court incorrectly determined that he assumed the risk that he might fall by playing golf that morning. The trial court focused on the doctrine of primary assumption of the risk, which is a judicially-created doctrine that "certain risks are so inherent in some activities that they cannot be eliminated."
Thomas v. Strba
, 9th Dist. Medina No. 12CA0080-M,
{¶ 14} It is not clear that the doctrine of primary assumption of the risk can apply to this situation because Mr. Mullins was injured in a fall and not by another "participant[.]"
{¶ 15} The open-and-obvious and primary-assumption-of-the-risk doctrines were Grey Hawk's only arguments for why it was entitled to summary judgment. Because we cannot say that either of those doctrines apply as a matter of law, we conclude that the trial court incorrectly granted summary judgment to Grey Hawk. Mr. Mullins's assignment of error is sustained.
III.
{¶ 16} Mr. Mullins's assignment of error is sustained. The judgment of the Lorain County Court of Common Pleas is reversed, and this matter is remanded for further proceedings consistent with this decision.
Judgment reversed.
CARR, J.
TEODOSIO, P.J.
CONCUR
Case-law data current through December 31, 2025. Source: CourtListener bulk data.