COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68784 ELAINE BARAN, : ACCELERATED DOCKET : : JOURNAL ENTRY Plaintiff-Appellant : : AND v. : : OPINION KWIK PRO ENTERPRISES, INC., : : PER CURIAM : Defendant-Appellee : DATE OF ANNOUNCEMENT OF DECISION: SEPTEMBER 21, 1995 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 261277 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellant: Charles F. Cichocki 5706 Turney Road No. 207 Garfield Heights, Ohio 44125 For defendant-appellee: Gregory H. Collins 1700 Midland Building 101 Prospect Avenue, West Cleveland, Ohio 44115-1027 -2- PER CURIAM: Plaintiff-appellant Elaine Baran appeals from the trial court order which granted the motion for summary judgment filed by defendant-appellee Kwik Pro Enterprises, Inc. The record reflects appellant took her car to be washed at appellee's place of business. When the car was finished, appellee's employee pulled it out into the driveway and began wiping off the excess water. Appellant noticed extra water in the driver's side doorjamb when she opened the door so she requested something to remove it. The employee volunteered to do the task; as he opened the door wider to gain better access, appellant took two steps backward from where she stood. She tripped over a curb and fell, sustaining injuries. Shortly thereafter, appellee's manager hurried over to ascertain appellant's condition. He arrived just as appellant was telling her daughter that she was "not embarrassed." The manager made a statement that "We have all done that [fallen] at one time or another," or "everyone trips." Appellant subsequently filed an action against appellee, alleging negligence. Ultimately, the trial court granted appellee's motion for summary judgment. Appellant challenges the trial court's order, arguing genuine issues of material fact remain. Upon a review of the record, this court finds appellant's challenge unmeritorious since appellee furnished evidence which demonstrated appellant could not establish the elements necessary to sustain her negligence action and -3- appellant's evidence failed to support her claim. Keister v. Park Centre Lanes (1981), 3 Ohio App.3d 19; Wing v. Anchor Media, Ltd. of Texas (1991), 59 Ohio St.3d 108. In support of its motion, appellee provided to the trial court the affidavit of its manager, whose statements proved appellee had no knowledge, either actual or constructive, that the curb constituted a hazard which existed prior to appellant's fall. Presley v. Norwood (1973), 36 Ohio St.2d 29; Powers v. First Natl. Supermarkets (June 13, 1991), Cuyahoga App. No. 61005, unreported. Cf., Kubiszak v. Rini Supermarket (1991), 77 Ohio App.3d 679. Appellee also provided appellant's deposition testimony, wherein she stated: 1) she was aware the employee would have to open her car's door further; and 2) she merely "stepped back" to "get out of the way" when the incident occurred. Appellant could state neither that there was anything unusual about the curbs nor that the employee made any unusual or dangerous movement when opening the door. She also indicated the manager's statement about people tripping was in response to her statement to her daughter; thus, it was meant only as a reassurance rather than as an admission. Appellant cites her responses to appellee's interrogatories and her affidavit to support her contention that they raised material issues of fact. However, these were insufficient since from the evidence adduced in the trial court it is clear appellant was merely speculating both that appellee's employee was negligent and that appellee must have had actual or constructive knowledge -4- the curb constituted a hazardous condition on the premises prior to her fall. Cf., Turner v. Turner (1993), 67 Ohio St.3d 337; Newland v. Amin (1991), 75 Ohio App.3d 616; Aglinsky v. Cleveland Builders Supply Co. (1990), 68 Ohio App.3d 810. Mere speculation on a plaintiff's part is insufficient as a matter of law since the plaintiff is required to prove defendant committed a wrong or negligent act; unsupported allegations do not constitute evidence. Allen v. CGS Investments, Inc. (June 11, 1992), Cuyahoga App. No. 62947, unreported. Since appellant failed to present evidence an issue of material fact existed, summary judgment was properly granted in favor of appellee. Civ.R. 56(C); Wing v. Anchor Media, Ltd. of Texas, supra; Keister v. Park Centre Lanes, supra; Morris v. Children's Hospital Medical Ctr. (1991), 73 Ohio App.3d 437; Stockhauser v. Archdiocese of Cincinnati (1994), 97 Ohio App.3d 29. Affirmed. -5- It is ordered that appellee recover of appellant its 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. LEO M. SPELLACY, PRESIDING JUDGE PATRICIA A. BLACKMON, JUDGE JOSEPH J. NAHRA, 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 .