COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68087 RHONDA LEZARK : : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION NANA, INC., ET AL. : : Defendant-appellees : : DATE OF ANNOUNCEMENT : AUGUST 10, 1995 OF DECISION : CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. CV-256456 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: For defendant-appellees: RICHARD H. DRUCKER, ESQ. EUGENE B. MEADOR, ESQ. Suite 1414 P.J. MOONEY, ESQ. 75 Public Square 1100 Illuminating Building Cleveland, OH 44113 55 Public Square Cleveland, OH 44113 - 2 - PATTON, C.J. Plaintiff-appellant, Rhonda Lezark ("appellant") appeals the trial court's ruling granting defendant-appellee, Nana Inc.'s ("appellee") motion for summary judgment. Initially, appellant brought suit against: appellee, MMJ, Inc., Marylou McMullan, John Doe and Richard Roe. It is stipulated that appellant voluntarily dismissed the actions against all the above defendants with the appellee as the one exception. It is undisputed that appellee owns a night club located in Parma, Ohio, known as the Lamplighter Lounge. The Lamplighter offers alcoholic beverages and live musical entertainment. The stage for the bands that play at the club is elevated higher than the dance floor by a couple of inches. On the night of September 22, 1990, appellant was at the Lamplighter dancing and she fell and sustained an injury to her knee. Appellant claimed that she was dancing on the stage and didn't realize that it was slightly elevated. Appellant's sole assignment of error states: THE APPELLEE HEREIN, NANA, INC. WAS NOT ENTITLED TO SUMMARY JUDGMENT AND THE TRIAL COURT ERRED WHEN GRANTING SUMMARY JUDGMENT BECAUSE THERE WERE GENUINE ISSUES OF MATERIAL FACT BEFORE THE TRIAL COURT AND APPELLEE WAS NOT ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW IN THAT THE APPELLANT'S INJURIES RESULTED FROM THE NEGLIGENCE OF NANA, INC. WHERE IT DESIGNED AND MAINTAINED SEVERAL CONDITIONS ON THE PREMISES WHICH CAUSED IT TO BE UNSAFE TO THE APPELLANT AS A BUSINESS INVITEE. - 3 - Appellant asserts that the trial court erred when it granted appellee's motion for summary judgment because material issues of fact existed with respect to the negligent design and maintenance of several conditions on the premises which caused it to be unsafe. Specifically, appellant claims that material issues of fact exist regarding the design of the dance floor and stage of Lamplighter because it is not properly designed to accommodate a four piece band, equipment and dancers safely, therefore summary judgment should not have been granted in appellee's favor. We note that appellant filed with the lower court a motion for leave to respond to defendant's motion for summary judgment, however the appellant failed to file the brief in opposition to the summary judgment motion. Appellant relies on evidence from this brief in her appeal. The appellant bears the burden of showing error by reference to matters in the record. "When the portions of the * * * [record] necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower courts proceedings, and affirm. Knapp v. Laboratories (1980), 61 Ohio St.2d 197, 199. Accordingly, appellant's sole assignment of error is overruled. Judgment affirmed. - 4 - It is ordered that appellees recover of appellant their 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 Court of Common Pleas 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. DYKE, J. NAHRA, J., CONCUR CHIEF JUSTICE JOHN T. PATTON N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, .