L.H. v. Sun Secured Financing, L.L.C.

Summary

The Supreme Court of Ohio held that an owner of a manufactured-home community was not a statutory “harborer” of a resident’s dog under R.C. 955.28(B). Because the community owner did not shelter, protect, or exercise control over the dog, the court reversed the Second District Court of Appeals and reinstated summary judgment for the community owner.

Holdings

1. To harbor a dog under R.C. 955.28(B), a person must shelter, protect, or exercise control over the dog. Mere permission for another person's dog to be present on property is insufficient.
2. Sun was not a harborer of Lake's dog as a matter of law because Lake, not Sun, sheltered, protected, and exercised control over the dog; Sun's rules and permission for leashed dogs in common areas did not establish harborship.
3. Summary judgment for Sun was proper because, on the undisputed evidence, Sun was not a harborer of the dog under R.C. 955.28(B).

Questions Presented

1. Whether Sun, the owner of a manufactured-home community that permitted residents to keep dogs and allowed leashed dogs in common areas, was a harborer of the dog under R.C. 955.28(B).
2. Whether summary judgment in favor of Sun was proper.

Disposition

reversed