COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69832 LORETTA MAESTLE, : ACCELERATED DOCKET : : JOURNAL ENTRY Plaintiff-Appellant : : AND v. : : OPINION COMMERCE PARK PLAZA, : : PER CURIAM : Defendant-Appellee : DATE OF ANNOUNCEMENT OF DECISION: MAY 9, 1996 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 266484 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellant: Scott I. Levey Frank P. Giaimo Michael W. O'Neil Craig L. Moore MONDELLO & LEVEY 55 Public Square, Suite 1700 Cleveland, Ohio 44113 For defendant-appellee: Thomas E. Dover Todd M. Haemmerle GALLAGHER, SHARP, FULTON & NORMAN Seventh Floor, Bulkley Building 1501 Euclid Avenue Cleveland, Ohio 44115 -3- PER CURIAM: Plaintiff-appellant Loretta Maestle appeals from the trial court order granting summary judgment for defendant-appellee Commerce Park Plaza. Appellant filed suit against appellee for injuries she allegedly suffered when she slipped and fell on a "marble" floor after entering appellee's building on a snowy day in March, 1992. The order of the trial court is affirmed. Appellee furnished evidence which demonstrated appellant could not establish the elements necessary to sustain her negligence action. Keister v. Park Centre Lanes (1981), 3 Ohio App.3d 19. Since appellant failed to present sufficient evidence to support her claim appellee was negligent, no genuine issue of material fact existed, therefore, summary judgment was properly granted for appellee. Id., see, also, Paschal v. Rite-Aid Pharmacy, Inc. (1985), 18 Ohio St.3d 203; Wing v. Anchor Media, Ltd. of Texas (1991), 59 Ohio St.3d 108. In her deposition testimony, Mrs. Maestle clearly stated the following: 1) she had worked in the building for at least six months prior to her fall; 2) she often took the elevator to her office; 3) she was aware the floor of the vestibule area was ordinarily of a slippery nature since she had previously fallen on it; 4) she was aware the mats placed upon the floor in the vestibule by appellee did not reach the elevator area; 5) it was a snowy day; 6) there was an accumulation of snow outside of the building; 7) appellant had to wipe her boots on the mat and there was snow adhering to her coat when she entered the building; and 8) -4- the floor was wet where she stepped off the mat on her way to the elevator. It is clear from a perusal of the evidence before the trial court the wetness which caused appellant's fall was simply caused by tracked-in moisture. Under these circumstances, appellant has not demonstrated appellee breached any duty toward her. Boles v. Montgomery Ward & Co. (1950), 153 Ohio St.381; Paschal v. Rite-Aid Pharmacy, Inc., supra; Hughley v. Nat'l. City Bank of Cleveland (Jan. 27, 1994), Cuyahoga App. No. 63588, unreported; Harris v. United Parcel Serv. (Oct. 27, 1994), Cuyahoga App. No. 67252, unreported; see, also, DelBalso v. Fred W. Albrecht Grocery Co. (Mar. 7, 1991), Cuyahoga App. No. 60144, 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. 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. DAVID T. MATIA, PRESIDING JUDGE JOSEPH J. NAHRA, JUDGE TERRENCE O'DONNELL, 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. .