Schmauch v. Walnut Lake Campground, L.L.C.

Summary

The Twelfth District Court of Appeals of Ohio affirmed a municipal court judgment awarding Miles Schmauch $4,530.31 plus interest and costs after a dead tree fell on his camper at Walnut Lake Campground. The court held that the trial court's allocation of fault and rejection of Walnut Lake's release-of-liability defense were supported by competent, credible evidence and were not against the manifest weight of the evidence. The court also declined to apply statutory qualified immunity for camp operators because the statute became effective after the underlying incident.

Holdings

1. The judgment was not against the manifest weight of the evidence because competent, credible evidence supported the trial court's finding that Walnut Lake's failure to timely remove the dangerous tree was the predominant cause of the damage.
2. The statutory-immunity argument did not establish reversible error because R.C. 3729.15(B) did not become effective until May 30, 2022, after the August 11, 2021 accident and after Schmauch filed his complaint.
3. The purported release did not require reversal because the trial court was entitled to credit testimony that the document had been altered and that the signatures had been copied and pasted from another source.

Questions Presented

1. Whether the municipal court's judgment awarding Schmauch damages was against the manifest weight of the evidence.
2. Whether Ohio's campground qualified-immunity statute, R.C. 3729.15(B), required reversal even though it became effective after the accident and after the complaint was filed.
3. Whether a purported release of liability executed by Zink on behalf of Schmauch barred Walnut Lake's liability.

Disposition

affirmed