Weber v. Menard, Inc., No. 3:2013cv00229 - Document 23 (S.D. Ohio 2014)

Court Description: ORDER granting in part and denying in part 18 Motion for Summary Judgment - The Court SUSTAINS IN PART and OVERRULES IN PART Defendant Menard, Inc.'s Motion for Summary Judgment, Doc. # 18 . The doctrine of res ipsa loquitur is inapplicable in this case. Nevertheless, genuine issues of material fact preclude summary judgment on the question of whether the danger at issue was open and obvious, and on the question of whether Menards breached a duty to maintain its premises in a reasonably safe condition. Signed by Judge Walter H Rice on 10/3/2014. (ead1)