2024 Ohio 875
Ohio Ct. App.2024Background
- Kelly Baker, as administrator of her son Bryce Hizer’s estate, sued Bunker Hill Haven for Boys, a non-lockdown group home, for wrongful death after Hizer died in a car accident involving a resident (Howard) who snuck out and drove a vehicle without a license.
- The central allegation was that Bunker Hill negligently failed to supervise Howard and prevent him from leaving the property and subsequently driving, resulting in Hizer’s death.
- The trial court granted summary judgment to Bunker Hill, finding no evidence of a duty breach or that Bunker Hill’s actions were the proximate cause of Hizer’s death.
- Baker appealed, arguing she could prevail under the doctrine of in loco parentis, that causation was satisfied, and that expert testimony was not required to establish the standard of care.
- The appellate court reviewed the grant of summary judgment de novo.
- The court ultimately affirmed the summary judgment for Bunker Hill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty under in loco parentis | Bunker Hill stood in loco parentis and thus had supervisory duties akin to a parent | No evidence Bunker Hill knew Howard had propensity for negligent/unlawful vehicle operation | No duty established regarding foreseeability of driving conduct |
| Causation for wrongful death | But for Bunker Hill’s failure to supervise, Howard would not have caused the fatal accident | Chain of causation broken by Howard’s actions and Hizer’s choice not to buckle up | No proximate causation; superseding/intervening acts absolve liability |
| Need for expert testimony | Laypeople can judge reasonable supervision; no expert needed | Industry standards for group homes are beyond lay knowledge; expert necessary | Expert testimony required for standard of care in this context |
| Summary judgment appropriateness | Genuine issues of fact remain, so summary judgment improper | No genuine issues on duty, breach, or causation; entitled to judgment as matter of law | Summary judgment appropriate; no triable issue |
Key Cases Cited
- Bennison v. Stillpass Transit Co., 5 Ohio St.2d 122 (sets forth wrongful death negligence elements)
- Huston v. Konieczny, 52 Ohio St.3d 214 (parental liability for negligent supervision requires knowledge of child’s vicious propensities)
- State v. Noggle, 67 Ohio St.3d 31 (defines in loco parentis in Ohio law)