COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 

                        COUNTY OF CUYAHOGA 

                             NO. 67568


LEONARD C. BENDER, ET AL.     :
                              :
        Plaintiffs-Appellants :
                              :      JOURNAL ENTRY
     -vs-                     :           AND
                              :         OPINION
EDWARD KREPELKA               :
                              :
        Defendant-Appellee    :
                              :

DATE OF ANNOUNCEMENT
  OF DECISION:                APRIL 6, 1995        

CHARACTER OF PROCEEDING:      CIVIL APPEAL FROM THE 
                              COMMON PLEAS COURT
                              CASE NO. CV-245190

JUDGMENT:                     AFFIRMED.

DATE OF JOURNALIZATION:                           

APPEARANCES:

For Plaintiffs-Appellants:    STEPHEN J. BROWN (#0003841)
                              326 North Court Street
                              Medina, OH  44256


For Defendant-Appellee:       RICHARD C. TALBERT (#0023405)
                              21st Floor, Superior Building
                              815 Superior Avenue
                              Cleveland, Ohio 44114
























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SPELLACY, P.J.:  

     Leonard and Lillian  Bender appeal from  the entry of  summary

judgment  in their negligence and loss of consortium action against

Edward Krepelka.   The  Benders raise  the following  assignment of

error:

          WHERE  THE OCCUPIER  OF LAND  SEES  HIS INVITEE
          UNKNOWINGLY WALK INTO  DANGER, THE OCCUPIER  OF
          LAND HAS  A  DUTY  TO  WARN OF  THE  DANGER  TO
          PREVENT  THE INJURY.   UNDER  THESE CIRCUMSTAN-
          CES, THE  FAILURE OF  THE OCCUPIER  OF LAND  TO
          GIVE   ADEQUATE   WARNING  IS   NEGLIGENCE  AND
          PRESENTS AN ISSUE FOR THE TRIER OF FACT.  

                                 I.

     Evidentiary material reveals the following:  

     Leonard  Bender went  to a  house  Krepelka was  remodeling to

discuss buying a saw.  On arriving, Bender walked up two steps from

the driveway to the walk and then five more steps to the porch.  In

the   house,   Bender  agreed   to   help  Krepelka,   a  long-time

acquaintance,  carry an  old  counter top  outside.   Krepelka  and

Bender  picked  up the  counter top  facing  each other  and Bender

walked backwards out  of the house.   Krepelka warned Bender  about

the  steps as  they walked across  the porch.   They  traversed the

steps between the porch and the walk safely, but Bender fell at the

steps leading  to the driveway.  He attributes  his fall to his not

realizing that he had reached the steps.  

                                II.

     Individuals, such as Bender, who  enter premises by invitation

for the benefit  of the occupier are invitees.  Light v. Ohio Univ.













                               - 3 -                                           3



(1986),  28  Ohio  St.3d 66,  68.    An occupier  of  premises owes

invitees the duty  of ordinary care.   Johnson v. Wagner  Provision

Co.  (1943),  141 Ohio  St.  584,  paragraph one  of  the syllabus;

Paschal v. Rite Aid Pharmacy, Inc.  (1985), 18 Ohio St.3d 203.  

     Even reviewing the evidence most strongly for the Benders,  we

find that reasonable  minds could only  conclude no breach of  duty

occurred.  See  Civ.R. 56.   The trial  court, therefore,  properly

entered summary judgment.  

     Accordingly,  the  Benders' assignment  of  error is  not well

taken.  

     Judgment affirmed.  









































                               - 4 -                                           4







     It  is ordered that  appellee recover of  appellants his costs

herein taxed.  

     The court finds there were reasonable grounds for this appeal.

     It is ordered that a  special mandate issue out of  this court

directing the  Common  Pleas  Court  to carry  this  judgment  into

execution.  

     A  certified copy of  this entry shall  constitute the mandate

pursuant to Rule 27 of the Rules of Appellate Procedure.  


DAVID T. MATIA, J., and

DYKE, J., CONCUR.      

                                                                  
 LEO M. SPELLACY
                                           PRESIDING JUDGE 







N.B. This entry  is made  pursuant to  the third  sentence of  Rule
22(D), Ohio Rules of Appellate Procedure.   This is an announcement
of decision (see Rule 26).  Ten (10) days from the date hereof this
document will be stamped to indicate  journalization, at which time
it will become  the judgment and order of the court and time period
for review will begin to run.  
       




















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