Tauchert v. Rumpke Sanitary Landfill, Inc.

Citations

• 252 N.E.3d 645
• 2024 Ohio 4551

Syllabus

CIV.R. 56 — SUMMARY JUDGMENT — WRONGFUL DEATH — DUTY — CONSTRUCTIVE NOTICE — LANDOWNER: In this wrongful-death action, the trial court erred in granting summary judgment in favor of defendant property owner where, when considering either the rural or urban standard of care for a landowner with trees abutting a public highway, issues of material fact remained as to the condition of the tree that fell onto the roadway and caused the accident that ultimately led to the decedent's death. [See CONCURRENCE: The Supreme Court of Ohio should abandon the categorical urban-rural distinction holding urban landowners to a higher liability standard than rural landowners regarding tree-related hazards on their property that may affect passersby on roads abutting their property.] [But see DISSENT: Because Rumpke does not have a general duty to inspect the thousands of trees on its property, and Rumpke did not have actual or constructive notice of the defective condition of the particular tree prior to its fall onto decedent's vehicle, Rumpke cannot be held liable for the decedent's death as a matter of law.]