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On appeal to the Ohio Supreme Court, Snay argued that an adjacent landowner owes a duty of care to an errant motorist who strikes an off-road hazard in the right of way if the landowner knowingly created that hazard and had knowledge of the danger it may cause to a motorist who veered off the road. (Credit: Dmitry Kalinovsky/Shutterstock.com) On appeal to the Ohio Supreme Court, Snay argued that an adjacent landowner owes a duty of care to an errant motorist who strikes an off-road hazard in the right of way if the landowner knowingly created that hazard and had knowledge of the danger it may cause to a motorist who veered off the road. (Credit: Dmitry Kalinovsky/Shutterstock.com)

In a split decision, the Ohio Supreme Court majority ruled that a rural homeowner, who constructed a “mini fortress” to protect his mailbox, is not liable for a motorist’s debilitating injuries after his vehicle struck the mailbox.

The driver, Cletus Snay, was driving his typical route to work in December 2016 when he hit a patch of black ice on a two-lane country road, according to his lawsuit initially filed in Huron County. An Ohio State Highway Patrol trooper determined that Snay’s truck went off the right side of the road, began to fishtail, struck two mailboxes and overturned.

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Allison Dunn

 

PropertyCasualty360

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