Weaver v. Steak 'n Shake Operations
Annotate this Case
Download PDF
[Cite as Weaver v Steak n Shake Operations, 2006-Ohio-2505.] COURT OF APPEALS THIRD APPELLATE DISTRICT ALLEN COUNTY MARY L. WEAVER, ET AL. CASE NUMBER 1-05-91 PLAINTIFFS-APPELLANTS v. OPINION STEAK N SHAKE OPERATIONS, INC., ET AL. DEFENDANTS-APPELLEES CHARACTER OF PROCEEDINGS: Civil Appeal from Common Pleas Court. JUDGMENT: Judgment affirmed. DATE OF JUDGMENT ENTRY: May 22, 2006 ATTORNEYS: CLAY W. BALYEAT Attorney at Law Reg. #0029800 1728 Allentown Road Lima, OH 45805 For Appellants. PHILIP S. HEEBSH Attorney at Law Reg. #0075547 405 Madison Avenue, 23rd Floor Toledo, OH 43604 For Appellees. Case No. 1-05-91 Shaw, J. {¶1} Although originally placed on our accelerated calendar, we have elected, pursuant to Local Rule 12(5), to issue a full opinion in lieu of a judgment entry. The plaintiffs-appellants, Mary L. Weaver and Richard E. Weaver (the Weavers ), appeal the December 1, 2005, Judgment Entry of the Court of Common Pleas of Allen County, Ohio granting summary judgment for defendantappellee, Steak n Shake Operations, Inc. ( Steak n Shake ) on his claim of negligence in this slip-and-fall case. The Weavers asserted a single assignment of error regarding the trial court s judgment. Assignment of Error THE TRIAL COURT ERRED WHEN IT GRANTED SUMMARY JUDGMENT BECAUSE REASONABLE MINDS WOULD CONCLUDE THAT THERE WERE MATERIAL ISSUES OF FACT WHICH WOULD PRECLUDE SUMMARY JUDGMENT. {¶2} Our review of the record reveals that the trial court has thoroughly addressed all of the relevant factual and legal issues pertaining to this appeal in its judgment entry granting summary judgment to Steak n Shake. Accordingly, we hereby adopt the final judgment entry of the trial court dated December 1, 2005, 2 Case No. 1-05-91 incorporated and attached hereto as Exhibit A1, as our opinion of this case. For the reasons stated therein, the Weaver s assignment of error is overruled and the judgment of the Court of Common Pleas of Allen County, Ohio is affirmed. Judgment affirmed. BRYANT, P.J., and CUPP, J., concur. 1 On page 4 of the December 1, 2005, Judgment Entry of the Court of Common Pleas of Allen County, Ohio there is a clerical error with relation to the citation: Hodge, quoting Boles v. Montgomery Ward (1950), 153 Ohio St. 381, 3892 this should read 389. In addition, on page 5 the citation Paschal v. Rite Aid Pharamcy, Inc. (1985), 18 Ohio St.3d 203, 480 N.E.2d 474, should include citing Sidle v. Humphrey (1968), 13 Ohio St.2d 45, 233 N.E.2d 589, paragraph one of the syllabus. 3 Case No. 1-05-91 4 Case No. 1-05-91 5 Case No. 1-05-91 6 Case No. 1-05-91 7 Case No. 1-05-91 8 Case No. 1-05-91 9 Case No. 1-05-91 10 Case No. 1-05-91 11
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
