Myers was injured when she slipped and fell on an ice patch on the front walkway of the Canton Centre Mall. The mall is owned and operated by Forest City Enterprises. Forest City had employees who were responsible for clearing the ice off of the mall walkways every morning. On this particular morning, they had cleared the ice from the walkway a short time before Myers took her tumble.

Nevertheless, an ice patch had formed, and Myers did fall, sustaining injuries. Cooper, one of the employees charged with the ice-removal task, theorized that water may have been splashed up onto the sidewalk by passing cars where it froze sometime after their initial cleaning of the day.

According to Cooper, “the vehicles could have splashed this back up on there . . . we’re constantly moving around the building at all times, so anything can be going on in this half of the building while you’re over here doing this half coming around.” Was Forest City negligent in failing to keep the sidewalk clear of ice at all times that winter? What test would be used to judge Forest City’s conduct? Explain. Myers v. Forest City Enterprises, Inc . 635 N.E.2d 1268 (OH).