Pauley v. Circleville
2012 Ohio 2378
Ohio Ct. App.2012Background
- Jeremy Pauley was injured while sledding at Barthelmas Park in Pickaway County, Ohio, becoming a quadriplegic in 2007.
- Plaintiffs alleged the city failed to inspect the park and remove dangerous debris present around public buildings.
- The city stored dirt mounds at the park to backfill and reseed areas due to storage space constraints.
- The city moved to summary judgment asserting recreational user immunity under R.C. 1533.181, among other defenses.
- The trial court granted summary judgment in favor of the city in 2010; the Pauleys appealed.
- The majority affirmed the trial court; a dissent argued the dirt mounds changed the park’s character and defeated immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recreational user immunity applies when the owner creates a hazard | Pauley: dirt mounds altered park character, removing immunity. | Circleville: immunity applies to recreational users regardless of hazards. | Immunity applies; no exception for created hazards. |
Key Cases Cited
- Milliff v. Cleveland Metroparks Sys., N/A (N/A) (recreational user immunity applies despite creation of hazards)
- Look v. Cleveland Metroparks Sys., 48 Ohio App.3d 135 (1988) (no distinction between active/passive negligence for immunity)
- Estate of Finley v. Cleveland Metroparks Sys., 189 Ohio App.3d 139 (2010) (recreational user immunity when plaintiffs recreational users)
- Miller v. Dayton, 42 Ohio St.3d 113 (1989) (premises open for recreation; character governs immunity)
- Ryll v. Columbus Fireworks Display Co., Inc., 95 Ohio St.3d 467 (2002) (excludes hazard caused by external fireworks from defeating immunity)
- Sorrel v. Ohio Dept. Of Natural Resources, 40 Ohio St.3d 141 (1988) (dam related to park use; immunity maintained for recreational use)
- Moss v. Dept. of Natural Resources, 62 Ohio St.2d 138 (1980) (purpose of immunity to encourage public recreational use)