LIABILITY - OHIO

Snay v. Burr

Supreme Court of Ohio - November 24, 2021 - N.E.3d - 2021 WL 5500052 - 2021-Ohio-4113

Motorist filed action against homeowners after single-car accident in which motorist lost control of his vehicle, struck mailboxes, and overturned into ditch, alleging claims for negligence, loss of consortium, and punitive damages.

The Court of Common Pleas granted homeowners’ motion for summary judgment. Motorist appealed. The Court of Appeals affirmed. Motorist appealed.

The Supreme Court held that homeowner’s mailbox adjacent to public road did not interfere with usual and ordinary course of vehicle travel on road, and thus homeowner did not owe a duty of care to motorist.

Homeowner’s mailbox adjacent to public road did not interfere with usual and ordinary course of vehicle travel on road, and thus homeowner did not owe a duty of care to motorist, and was not liable to motorist in negligence action for injuries sustained when motorist hit a patch of black ice, lost control of vehicle, struck mailboxes, and overturned into ditch, even though homeowner’s mailbox post was non-conforming to postal guidelines; to the extend mailbox posted a hazard, it did so only with respect to motorists who errantly left the road.



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