Combs v. Ohio Dep’t of Natural Res., Div. of Parks & Recreation

Plaintiff was at Indian Lake State Park, which is open to the public without an admission charge, when he was seriously injured by a rock thrown by an Ohio Department of Natural Resources (ODNR) boom mower that struck him in the eye. Plaintiff sued ODNR for negligence. The court of claims granted summary judgment for ODNR, concluding that because Plaintiff was a recreational user, ODNR had no duty to keep the park safe for Plaintiff’s entry or use. The court of appeals reversed, concluding that because Plaintiff claimed he was injured by the negligence of a park employee and not by a defect in the premises, the recreational user statute did not apply. The Supreme Court affirmed, holding (1) the evidence in this case showed that Plaintiff’s injuries resulted from the alleged negligent operation of a boom mower, not from the condition of the premises; and (2) therefore, the recreational user statute does not preclude liability for Plaintiff’s negligence claim if Plaintiff can establish that negligence. View "Combs v. Ohio Dep’t of Natural Res., Div. of Parks & Recreation" on Justia Law