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Keywords

damagesnegligenceliabilitystatutesummary judgmentsustainedduty of care
negligencestatuteappeal

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Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation, 146 Ohio St.3d 271, 55 N.E.3d 1073, 2016-Ohio-1565

Facts

On July 27, 2011, Richard Combs was celebrating his birthday at Indian Lake State Park. While walking to Pew Island for fishing, he was struck in the eye by a rock thrown by a boom mower operated by ODNR employee Jerry Leeth. Combs sustained serious injuries and subsequently sued ODNR, alleging negligence in the operation of the mower. The Court of Claims granted summary judgment to ODNR, asserting that Combs, as a recreational user, was not owed a duty of care.

On July 27, 2011, Combs was celebrating his birthday at Indian Lake State Park, which is open to the public without an admission charge. He spent the night fishing and early the next morning walked to Pew Island, which affords better fishing. As Combs walked across the causeway to Pew Island, Jerry Leeth, an ODNR employee, was using a boom mower to cut weeds and brush along the lakeshore. One of the mower blades hit the riprap—stones placed along the waterline to prevent erosion—and threw a rock that struck Combs in the eye and face and caused serious injuries.

Issue

Does the recreational user statute, R.C. 1533.181, preclude liability for injuries sustained by a recreational user due to the negligent operation of a maintenance vehicle on the premises?

Accordingly, we are asked to address what duty, if any, a landowner owes to recreational users for alleged acts of negligence by employees occurring on the premises.

Rule

The recreational user statute provides that landowners do not owe a duty to recreational users to keep the premises safe for entry or use, and they are not liable for injuries caused by the acts of recreational users. However, this immunity does not extend to injuries resulting from the active negligence of the landowner or its employees.

R.C. 1533.181(A) provides: No owner, lessee, or occupant of premises: (1) Owes any duty to a recreational user to keep the premises safe for entry or use;

Analysis

The court analyzed the facts of the case in light of the recreational user statute, determining that Combs's injuries were not due to a defect in the premises but rather from the alleged negligent operation of the boom mower. The court emphasized that the statute does not provide absolute immunity for landowners when injuries arise from their own active negligence, thus allowing for potential liability in this case.

In this case, the injuries to Combs did not arise from a defective condition of the premises but rather from alleged negligent mowing when the boom mower struck the riprap.

Conclusion

The Supreme Court affirmed the appellate court's decision, holding that the recreational user statute did not bar Combs's claim against ODNR for the injuries he sustained due to the negligent operation of the boom mower.

Accordingly, we affirm the judgment of the appellate court.

Who won?

Richard Combs prevailed in the case because the court found that the recreational user statute did not apply to his claim, allowing him to seek damages for the alleged negligence of ODNR's employee.

The Tenth District Court of Appeals reversed the decision of the Court of Claims, explaining that although the recreational user statute abolished the property owner's duty to keep the premises safe for entry and use by recreational users, it provides immunity only for injuries caused by the defective condition of the premises.

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