Court upholds dismissal of injury lawsuit against Marc’s

YOUNGSTOWN — A magistrate and a judge were correct in dismissing a lawsuit by a woman who said she was injured when she tripped on a plainly-visible eyebolt on a sidewalk at a retail store, an appeals court has ruled.

A three-judge panel of the 7th District Court of Appeals unanimously ruled on Monday, upholding the dismissal of Jo-Ann Dominic’s lawsuit against Marc’s discount store.

The case was dismissed by Magistrate Timothy G. Welsh, whose decision was upheld by Judge R. Scott Krichbaum. Magistrate Welsh and Judge Krichbaum are with Mahoning County Common Pleas Court.

Dominic, of Youngstown, said she suffered facial and bodily injuries when she fell outside Marc’s Austintown store during the daylight hours on March 21, 2005.

Read more in Wednesday’s Vindicator and Vindy.com