Korengel v. Little Miami Golf Ctr.
2019 Ohio 3681
| Ohio Ct. App. | 2019Background
- On Sept. 14, 2008, 12‑year‑old Ryan Korengel was struck by a falling limb from a silver maple while playing on a county‑owned nine‑hole course during high winds from the remnants of Hurricane Ike. The limb caused serious, permanent injury.
- The Hamilton County Park District owned/operated the Little Miami Golf Center; the clubhouse had a ThorGuard weather/siren system that was not manually activated before the injury.
- Plaintiffs alleged negligence/recklessness in (1) tree inspection/maintenance (hazardous tree limb), (2) maintenance/use of the storm siren (failure to warn), and (3) reckless supervision (allegedly turning away other golfers while leaving Ryan on course).
- On the first appeal (R.K. I), this court applied the three‑tier R.C. Chapter 2744 immunity framework and held the physical‑defect exception (R.C. 2744.02(B)(4)) could apply to the tree and siren allegations, allowing some claims to survive; the case was remanded for discovery.
- After discovery the trial court denied defendants’ renewed summary‑judgment motion; this appeal limited to whether defendants are entitled to immunity as a matter of law under R.C. Chapter 2744.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Does the physical‑defect exception (R.C. 2744.02(B)(4)) apply to the fallen tree limb? | Tree had observable structural defects (lean, lion‑tailed crown, discolored leaves) and these defects, combined with wind, proximately caused injury. | Tree was healthy; branch failure was caused solely by unusually violent winds, not a perceivable defect. | Fact issues exist on whether the limb was a "physical defect" and whether employee negligence in maintenance contributed; summary judgment denied on this claim. |
| 2) Does the physical‑defect exception apply to the siren / failure to warn via manual activation? | Park District assumed a duty by advertising the siren and by handbook guidance to manually activate when warranted; failure to activate was negligent. | Siren was maintained and working; manual activation is discretionary and employees did not know of imminent risk. | No evidence the siren was defective; because genuine fact disputes exist about whether employees breached a routine operational duty to manually activate, summary judgment denied as to negligence in failing to use the siren. |
| 3) Are defendants entitled to reinstated immunity under R.C. 2744.03(A)(3) or (A)(5) for tree maintenance or siren use? | N/A (plaintiffs argue exceptions apply so immunity should not bar claims). | Inspection/maintenance and manual activation decisions are discretionary/policy and thus protected by R.C. 2744.03 defenses. | Court held maintenance of trees and routine operation/use of the siren are not discretionary policy decisions covered by R.C. 2744.03 defenses; immunity not reinstated for these negligence allegations. |
| 4) Does the reckless‑supervision claim (turning away other golfers while leaving plaintiff exposed) survive? | Plaintiffs claim employees turned away other golfers while failing to warn/remove Ryan. | No admissible evidence employees turned away golfers before the injury; any contrary testimony is hearsay. | No genuine issue of material fact; defendants entitled to immunity on the recklessness/turning‑away theory (summary judgment granted as to that claim). |
Key Cases Cited
- R.K. v. Little Miami Golf Ctr., 1 N.E.3d 833 (1st Dist. Ohio 2013) (prior appellate decision framing the R.C. 2744 analysis and finding the physical‑defect exception could apply)
- Armstrong v. Best Buy Co., Inc., 788 N.E.2d 1088 (Ohio 2003) (open‑and‑obvious doctrine negates duty of care)
- Bennett v. Stanley, 748 N.E.2d 41 (Ohio 2001) (heightened duty of care owed to children)
- Bier v. City of New Philadelphia, 464 N.E.2d 147 (Ohio 1984) (proximate‑cause/act‑of‑God concurrent‑cause analysis)
- Piqua v. Morris, 120 N.E. 300 (Ohio 1918) (definition of proximate cause / act‑of‑God principles)
- Hubbell v. City of Xenia, 873 N.E.2d 878 (Ohio 2007) (standard for de novo review and remand when fact issues remain)
- Riscatti v. Prime Properties Ltd. Partnership, 998 N.E.2d 437 (Ohio 2013) (scope of appellate review on denial of immunity)