Pangallo v. Adkins
2014 Ohio 3082
Ohio Ct. App.2014Background
- On Aug. 22, 2011, Officer Joseph Pangallo and a partner went to 1024 Old State Route 74 to serve a warrant on tenant Jennifer Adkins; the building has two units (Adkins upstairs, a business downstairs) and an adjoining yard and parking area owned by landlord Charles Ludwig.
- When Adkins opened her apartment door to let her dog out, the dog ran down the single staircase toward the officers, barked, and jumped up on Pangallo.
- Officer Koszo drew his service weapon and fired one shot to stop the dog; the bullet passed through the dog and struck Pangallo in the right ankle, requiring hospital treatment and about one month off work.
- Pangallo sued Adkins and Ludwig under Ohio Rev. Code § 955.28(B) (statutory dog-liability) and common-law negligence. Ludwig moved for summary judgment, arguing he was not the dog’s owner, keeper, or harborer.
- The trial court granted summary judgment for Ludwig and certified the order final under Civ.R. 54(B); Pangallo appealed, arguing Ludwig could be a harborer and therefore liable under the statute and at common law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ludwig was a "harborer" under R.C. 955.28(B) and thus liable for injuries caused by the dog | Pangallo: the incident occurred in a common area shared by landlord and tenant, so Ludwig could be a harborer | Ludwig: he was not owner/keeper/harborer; tenant Adkins had exclusive possession and control of the apartment/staircase where the dog lived/used | Court: No — landlord was not a harborer as a matter of law because the attack occurred in a tenant-controlled area (staircase) and Ludwig lacked possession/control to admit/exclude others |
| Whether Ludwig is liable in common-law negligence for the dog attack | Pangallo: Ludwig negligently kept or harbored a vicious dog such that landlord liability applies | Ludwig: lacking ownership or harboring, he cannot be negligent in keeping the dog | Court: No — common-law negligence claim fails because harborer/owner element is absent |
Key Cases Cited
- Warner v. Wolfe, 176 Ohio St. 389 (recognizing statutory and common‑law avenues for dog‑injury claims)
- Holbrook v. Flint, 80 Ohio App.3d 21 (defining elements for common-law negligence and harborer analysis)
- Cooper v. Rose, 151 Ohio St. 316 (control implies power to admit or exclude — relevant to landlord control analysis)