Harris v. Hilderbrand
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The Supreme Court reversed the judgment of the court of appeals reversing the trial court's partial denial of Defendant's motion for summary judgment in this dog bite case, holding that a genuine issue of material fact existed, precluding summary judgment.
Defendant in this case was a deputy sheriff and K-9 handler who hosted a cookout for friends at his home. Plaintiff, who attended the cookout, was bitten by Defendant's canine partner, Xyrem. Plaintiff brought suit, asserting a common-law negligence claim and a claim under Ohio Rev. Code 955.28, which imposes strict liability for injuries caused by a dog in certain situations. The trial court granted Defendant's motion for summary judgment in part, determining that Defendant was immune from liability under section 955.28(B). Defendant appealed the denial of summary judgment on the negligence claim. The court of appeals reversed, holding that, as a matter of law, Defendant was not manifestly acting outside the scope of his employment or official responsibilities during the evening of the dog bite. The Supreme Court reversed, holding that reasonable minds could differ regarding whether Defendant was manifestly acting outside the scope of his employment during the events leading up to Plaintiff's injury.
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