Eisnaugle v. Mcdonald's At trial the testimony revealed that defendant 2000 WL 33226184 (Ohio 2000) franchisee leases the land and the building, and is responsible for its upkeep and remodeling. In ..On a rainy morning Jill Eisnaugle, then 15, and 1990 defendant opted to change the type of her father stopped at the Mcdonald's restaurant sidewalk outside the restaurant from exposed in Jackson for breakfast. Jill walked across the aggregate (a type of sidewalk material) to tile. parking lot and stepped up onto the tile sidewalk The franchise owner testified that he selected the in front of the side entrance. Upon stepping onto tile sidewalk because it is easier and cheaper to the tile, Jill immediately fell. Jill twisted and broke maintain than aggregate. The Eisnaugles' expert the neck of her femur. Resetting the bone witness tested the tile and determined that it did required surgery and the implantation of surgical not comply with the Ohio Building Code, the Life screws.... Her doctor did not release her to full Safety Code, or Americans with Disabilities Act activity until nearly 19 months after the accident. standards for safe, slip-resistant outdoor The Eisnaugles filed a lawsuit against the walkways .... restaurant alleging that the Mcdonald's negligently The jury deliberated and determined that permitted an unsafe condition to exist. They sought defendant was negligent and that defendant's damages for Jill's medical expenses, her pain and negligence proximately caused Jill's accident and suffering, and her parents' loss of Jill's company the resulting injuries.... and services. On appeal the judgment affirmed. CASE QUESTION 1. Why was the defect in the tile sidewalk not considered obvious and open