H.W. v. Young

Citations

• 153 N.E.3d 807
• 2020 Ohio 1384

Syllabus

Civ.R. 56, summary judgment, Civ.R. 50(A), motion for directed verdict, Civ.R. 50(B), motion for judgment notwithstanding verdict, Civ.R. 59(A), motion for new trial, R.C. 955.28, dog bite strict liability, dog bite common law nuisance, Cleveland Heights Municipal Ordinances 505.091, vicious dogs. The trial court did not err in granting summary judgment in favor of the landlord out-of-possession and denying appellant's motion for directed verdict, judgment notwithstanding the verdict, or for a new trial against the tenant/guarantor out-of-possession. The landlord and tenant cosigner/guarantor did not reside at, possess, or control the property and thus were not liable for injuries to plaintiff under the dog bite statute, local vicious dog ordinance, or common law negligence. The landlord and tenant cosigner/guarantor were not harborers of the dog.