2019 Ohio 4944
Ohio Ct. App.2019Background
- On March 13, 2016 Thomas K. Green was attacked and seriously injured by a Great Dane (Albert) at 3619 Millsboro Road West.
- The dog was owned and kept by Michaela Shepherd Zack, who lived at the property under a verbal month‑to‑month tenancy and paid rent and utilities; Michael P. Shepherd (appellee) owned the house and paid taxes/mortgage/insurance but did not live there.
- Albert had two prior bite incidents in late 2015; the Richland County Dog Warden declared Albert a dangerous dog and ordered confinement and muzzling off the premises.
- Zack installed a fence and muzzled Albert when off the property; on March 13, 2016 Albert’s muzzle and tether failed, he escaped and attacked Green; Albert was later euthanized and Zack pled guilty to violating R.C. 955.22.
- Green sued Zack (owner/keeper/strict liability) and Shepherd (landlord/harborer negligence). The trial court granted summary judgment for Shepherd, concluding he lacked possession and control of the premises.
- Green appealed, arguing Shepherd was a harborer because he knew of the dog’s dangerousness and had the ability to control or direct removal of the dog.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shepherd was a "harborer" of Albert and thus liable for injuries | Shepherd silently acquiesced to the dog’s presence; he knew Albert was declared dangerous and inquired about precautions, so a fact issue exists on possession/control | Zack, as tenant, had exclusive possession/control of the single‑family residence; Shepherd relied on Dog Warden compliance and did not retain control over the premises | Summary judgment affirmed: Shepherd was not a harborer as a matter of law because he lacked possession/control of the premises |
Key Cases Cited
- Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314 (2002) (summary judgment standard; de novo review)
- Beckett v. Warren, 124 Ohio St.3d 256 (2010) (distinguishes common‑law harborer elements from statutory strict liability for dog bite claims)
- Flint v. Holbrook, 80 Ohio App.3d 21 (1992) (focus on possession/control of premises to determine harborer status)
- Parker v. Sutton, 72 Ohio App.3d 296 (1991) (landlord not liable when tenant has exclusive possession)
- Brown v. Scioto Cty. Bd. of Commrs., 87 Ohio App.3d 704 (1993) (explaining de novo review on summary judgment)