2012 Ohio 3814
Ohio Ct. App.2012Background
- Evelyn White was severely injured when Dakota, a horse owned by Ellen Meyer and boarded at Elias Family Trust property, kicked her after escaping from the premises.
- The Elias Family Trust owns property in Berea with a pasture fenced by a split-rail fence; Kenneth McGuire leased part of the property to board horses, and Meyer contracted to board Dakota.
- A written agreement between McGuire and Meyer stated that the property manager and owner were not liable for injuries from farm activity.
- Elias claimed he was unaware of the boarding operation until October 2009; McGuire testified he began boarding in June 2009; insurance for the boarding operation was not obtained.
- Dakota escaped from the pasture on December 21, 2009, and six horses ended up on the Coopers’ private property, where White encountered Dakota and was injured.
- The trial court granted summary judgment for Meyer and the Trust; White later dismissed claims against some defendants and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether strict liability applies for trespass by a roaming animal on a third party’s private property | White argues strict liability under R.C. 951 for trespass should extend to third-party injury. | Trust and Meyer contend no strict liability because White did not own the third-party property and because the statute targets trespass, not third-party injuries. | No strict liability; questions of fact on negligence remain. |
| Whether Meyer’s negligence can be proven for the injury | White asserts Meyer breached duties by leaving the horse unsupervised despite knowledge of risks. | Meyer contends there is no duty breached given her level of control and knowledge. | Questions of fact remain; jury must decide. |
| Whether Elias Family Trust, as out-of-possession landlord, owed a duty for conditions at lease time | White contends the Trust was liable for defects present when leasing the pasture and for maintained conditions. | Trust argues no duty as out-of-possession landlord absent defects known at lease or after. | Factual disputes preclude summary judgment; remand appropriate. |
| Whether primary assumption of risk completely barred recovery | White claims assumption of risk should not bar recovery since she could take action when animal at large. | Trust and Meyer rely on assumption of risk due to awareness of risk of horse kicking. | Primary assumption of risk does not bar recovery as a matter of law; remand for trial on negligence. |
Key Cases Cited
- Morgan v. Hudnell, 52 Ohio St. 552 (1895) (owner liable when animal escapes onto another's land, trespass theory)
- Nixon v. Harris, 15 Ohio St.2d 105 (1968) (strict liability for trespass of animal onto property)
- Reed v. Molnar, 67 Ohio St.2d 76 (1981) (distinction between trespass liability and negligence for injuries on third-party property)
- Bolton v. Barkhurst, 40 Ohio App.2d 353 (1973) (trespass vs. negligence distinction for roaming animals)
- Lewis v. Morrow, 2000 WL 1299522 (2000) (out-of-possession landlord liability for defects present at lease)