McLoughlin v. Williams
2015 Ohio 3287
Ohio Ct. App.2015Background
- McLoughlin, a minor, attended a sleepover at Cheryl Williams's house with another child, Mariah Cox, and Mariah's grandfather's ATV was involved; the next morning, Sarah rode the ATV with Mariah driving, under outside supervision by Cox and Brandenburg; the ATV owner Brandenburg supervised outdoors the prior night.
- Cox did not defend; a default judgment was entered against her; Williams answered and moved for summary judgment, which the trial court granted.
- There was no evidence Williams stood in loco parentis, nor did she act as a guardian or assume parental duties for Sarah; the accident occurred off Williams's property and the ATV belonged to Brandenburg, not Williams.
- Sarah's mother and Brandenburg were supervising the children at the time; Williams was inside cleaning and did not direct, permit, or supervise the ATV activity.
- The court held Williams owed no duty to Sarah; premises-owner duty to a social guest did not apply because Williams did not control or permit the activity; Sarah assumed the risk inherent in ATV riding; summary judgment for Williams was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed by Williams to Sarah | McLoughlin argues Williams owed duty as social guest or in loco parentis | Williams contends no duty due to lack of in loco parentis or guest status | No duty found; Williams did not owe a duty to Sarah |
| Premises-owner duty and supervision | Williams had a duty to supervise guests or activities on premises | No duty since incident occurred off premises and Williams did not control activity | No premises-owner duty owed in this context |
| Assumption of risk | Sarah assumed risk by riding an ATV despite supervision | Assumption of risk applies to recreational activity, relieving duty | Primary assumption of risk found; no duty established; judgment affirmed |
Key Cases Cited
- Brennan v. Schappacher, 2009-Ohio-927 (12th Dist. Butler No. CA2008-09-231) (premises-owner guest duty; duty to warn of known dangers)
- Galinari v. Koop, 2007-Ohio-4540 (12th Dist. Clermont No. CA2006-10-086) (host's duty to guest; not insurer of safety)
- Craycraft v. Gentry, 101 Ohio St.3d 141 (2004-Ohio-379) (recreational activity assumption of risk applicable to children)
- Marchetti v. Kalish, 53 Ohio St.3d 95 (1990-Ohio-31) (assumption of risk applicable to children in recreational activities)
- Pope v. Willey, 2005-Ohio-4744 (Clermont App. No. CA2004-10-077) (foreseeable risks in ATV riding and assumption of risk)