Dodge v. Ohio Dept. of Natural Resources
2016 Ohio 7206
| Ohio Ct. Cl. | 2016Background
- Dodge filed a claim against the Ohio Department of Natural Resources (ODNR) for vehicle damage ($807 total) from a pothole on Road 1 at Hocking Hills State Park on September 5, 2015.
- ODNR investigated and argued the claim is barred by RC 1533.18 and 1533.181, which immunize recreational users from duties to keep park premises safe.
- ODNR supplemented its report to reflect that Dodge paid a campground fee, and plaintiff alleged camping at Hocking Hills campground on the accident date.
- ODNR argued Dodge’s status as recreational user or invitee affects liability and that even as an invitee there may be no negligence claim.
- The court analyzed recreational-user immunity and invitee duties, ultimately denying the claim, finding no knowledge of the pothole by ODNR and upholding the defense verdict.
- The court determined the pothole was not known to ODNR, the campground was at capacity, and entered judgment for defendant with court costs absorbed by the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dodge’s status immunizes or limits liability under recreational-user law | Dodge is a recreational user due to campground use | Dodge paid campground fee; not necessarily a recreational user for road 1 | Claim resolved without deciding recreational status; immunity does not render Dodge liable. |
| Whether Dodge, as invitee, owed a duty of care by ODNR | ODNR owes duty to maintain safe premises for invitees | Even as invitee, premises are not insured against all risks | ODNR owed ordinary care but defense prevailed due to other factors. |
| Whether ODNR had notice or should have known about the pothole | ODNR knew or should have known; responsible for pothole | No knowledge of pothole; no prior complaints | ODNR did not know about pothole; claim denied. |
Key Cases Cited
- Phillips v. Ohio Dept. of Natural Resources, 26 Ohio App.3d 77 (10th Dist.1985) (premises immunity for recreational users when no admission fee)
- Moss v. Dept. of Natural Resources, 62 Ohio St.2d 138 (1980) (fee not equivalent to entrance fee unless it covers overall benefits)
- Reed v. City of Miamisburg, 96 Ohio App.3d 268 (2nd Dist.1993) (fee for shelter rental did not equal park entrance fee)
- Howell v. Buck Creek State Park, 144 Ohio App.3d 227 (10th Dist.2001) (fee for service did not equal park entrance fee to marina)
- Huth v. State, 64 Ohio St.2d 143 (1980) (fee to enter/use trailer site was charge to utilize overall recreational area)
- Huth v. State, 64 Ohio St.2d 143 (1980) (recreational user analysis fact-intensive)