McGuire v. Lorain
2011 Ohio 3887
Ohio Ct. App.2011Background
- Dorothy McGuire injured her ankle when she stepped into an uncapped monument box on the Lorain parade route.
- A monument box is a lidded cast-iron container housing a property pin; the lid was missing at the time of injury.
- McGuire sued the City of Lorain for failure to maintain the parade route.
- The City moved for summary judgment, asserting immunity and that the hazard was open and obvious.
- The trial court denied the motion, finding genuine issues of material fact precluding summary judgment.
- On appeal, the court affirms, addressing only immunity issues and noting jurisdiction limits on the open-and-obvious argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recreational user immunity applies? | McGuire seeks immunity under RC 1533.18.1 as a recreational user. | City contends parade participation fits within recreational use and that the premises are recreational premises. | McGuire is not a recreational user; immunity does not apply. |
| Open and obvious doctrine applicability? | Not applicable; the hazard was not open and obvious as a matter of law. | Open-and-obvious defense should foreclose liability. | Court declines to address; no jurisdiction to decide open-and-obvious issue on appeal. |
| Political subdivision immunity viability? | City negligently maintained the route; immunity should not bar claims. | City is immune absent notice or constructive notice of the defective lid. | Genuine issues of material fact exist; City not entitled to immunity as a matter of law. |
Key Cases Cited
- Light v. Ohio Univ., 480 N.E.2d 402 (Ohio Supreme Court, 1986) (ejusdem generis limits scope of 'engaged in other recreational pursuits')
- Miller v. City of Dayton, 42 Ohio St.3d 113 (Ohio Supreme Court, 1989) (premises generally held out for recreation can affect immunity)
- Fuehrer v. Westerville City School Dist. Bd. of Ed., 61 Ohio St.3d 201 (Ohio Supreme Court, 1991) (soccer-field use not within contemplated recreational activities)
- Hubbell v. City of Xenia, 115 Ohio St.3d 77 (Ohio Supreme Court, 2007) (final, appealable order under immunities analysis; summary judgment context)