No specific laws identified for this ruling.
The court found that OSU East did not breach its duty of care to the plaintiff because the hazard (metal bolt in mulch) was not open and obvious, but the plaintiff failed to establish that the defendant had actual or constructive notice of the dangerous condition.
Negligence liability duty open and obvious causation comparative negligence damages parental consortium magistrate. Plaintiff brought this negligence action after suffering injuries on Defendant's premises. Plaintiff's son also asserted a claim for the loss of parental consortium. Plaintiff suffered a puncture injury to her leg after tripping on a curb and landing on a metal bolt protruding from a mulched area in Defendant's parking lot. The magistrate found that Defendant owed a duty of care to Plaintiff as an invitee. Plaintiff did not exceed the scope of her invitation by walking through a mulched area of the parking lot, because the area was obviously worn down by pedestrian use and Defendant's employees walked through the mulched area. Defendant did not breach a duty of care to Plaintiff with respect to the curb, because the danger of the curb should have been open and obvious to the Plaintiff. However, Defendant did breach a duty of care with respect to the protruding bolt, because Defendant knew or should have known it presented a danger. Defendant's breach of care was a proximate cause of Plaintiff's injury. However, Plaintiff's comparative negligence warranted a 50 percent reduction of any award for damages. The magistrate determined that Plaintiff was entitled to damages for medical expenses, lost wages, and pain and suffering. The magistrate also determined Plaintiff's son was entitled to damages for the loss of parental consortium.
This summary was generated to explain the ruling in plain English and is not legal advice.
Motion for Summary Judgment, Employment, Age Discrimination, Sex Discrimination. No genuine issues as to any material fact existed regarding plaintiff's claims for age or sex discrimination. Defendant presented legitimate, non-discriminatory reasons for plaintiff's termination. Plaintiff failed to establish a prima facie case by presenting facts which demonstrated that defendant's reasoning for termination of plaintiff's employment was pretextual. Defendant's motion for summary judgment was granted.
FLSA, Class Certification- Plaintiffs sought conditional certification of an FLSA class pursuant to 29 USC 216(b) based on a clock-in and clock-out rounding policy. The magistrate found that potential plaintiffs were identified and submitted affidavits. However, the magistrate found evidence of a widespread discriminatory practice lacking because defendant did not uniformly enforce the clock-in and clock-out rounding policy and, therefore, that plaintiffs could not prove a violation as to all plaintiffs. Thus, the magistrate recommended denial of conditional class certification.
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