Wilder v. Hicks

Summary

The Twelfth District Court of Appeals of Ohio affirmed summary judgment for landlord Donald Jones in Candice Wilder’s claims arising from a 2014 dog bite. The court held that Jones was not a harborer under Ohio’s statutory dog-bite law because the tenant had sole possession and control of the single-family residence and its yard, and it rejected Wilder’s common-law negligence claim on the same harborer issue. The court also addressed the limitations on unauthenticated photographs and other nonconforming evidence under Ohio Civ.R. 56.

Holdings

1. Photographs that were not filed with the depositions, authenticated, or attached to an affidavit were not proper Civ.R. 56 evidence, and the appellate court would not consider them where the trial court did not reference or indicate that it had considered them.
2. A landlord is not a harborer of a tenant's dog when the tenant has sole possession and control of the leased premises, including the yard of a single-family residence, and the landlord retains only the routine rights and responsibilities associated with a landlord-tenant relationship.
3. Jones was entitled to summary judgment on Wilder's statutory dog-bite claim because the undisputed evidence established that he was not the owner, keeper, or harborer of the dog.
4. Jones was entitled to summary judgment on Wilder's common-law negligence claim because Wilder could not establish that Jones owned or harbored the dog.

Questions Presented

1. Whether the trial court erred in granting Jones summary judgment on Wilder's common-law negligence claim.
2. Whether the trial court erred in granting Jones summary judgment on Wilder's statutory dog-bite claim under R.C. 955.28(B).
3. Whether the record contained a genuine issue of material fact as to whether Jones was a harborer of the dog because the attack allegedly occurred in a common area.
4. Whether photographs submitted by Wilder but not authenticated or attached to an affidavit could be considered as Civ.R. 56 evidence.

Disposition

affirmed