United States Sixth Circuit

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.

Appellate Information

• Decided 02/03/2010
• Published 02/03/2010

Judges

Court

• United States Sixth Circuit

Counsel