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Coverage since January 2, 2026

Civil Procedure

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Johnson v. Smith — Ninth District reverses summary judgment, holds negligence per se claim for sidewalk defect survives despite open-and-obvious doctrine

The Ninth District reversed summary judgment for a property owner in a sidewalk fall case, holding that the open-and-obvious doctrine does not override negligence per se based on a municipal ordinance requiring sidewalk maintenance, and that the plaintiff’s statement about tripping was admissible as an excited utterance.

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In re Haxton — Ninth District affirms removal of estate administrator, holds failure to object to magistrate’s decision forfeits appellate arguments

The Ninth District affirmed the removal of an ancillary estate administrator who had a conflict of interest, holding that his failure to file objections to the magistrate’s decision under Civ.R. 53(D)(3)(b)(iv) forfeited all appellate arguments except plain error, which he did not argue.

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