FHKAD Attorneys David A. Riepenhoff and Melanie D. Williamson secured summary judgment in a recent premises liability and injury case brought by a citizen against a City. Balzhiser v. Abby Doyle, et el., Jackson County Common Pleas No. 15PI0003 (Nov. 17, 2016).
The Plaintiff Ada Balzhiser was a resident of the City of Wellston. On July 16, 2014, she drove to the City pool to watch her grandchildren swim. She parked in the City-owned parking lot adjacent to the City pool. As she exited her vehicle, a car operated by lifeguard Abby Doyle was backing out of a grassy area surrounding the lot. Doyle’s car struck the partially open door of Ms. Balzhiser’s vehicle, crushing her legs as the door was hit.
Ms. Balzhiser sued Doyle, her employer the Wellston Community Sports Association, Inc. (“Sports Association”), and the City of Wellston. The City owned the pool and parking lot property. However, prior to Ms. Balzhiser’s accident, the City and Sports Associated entered into a lease agreement regarding the pool. The Court found that, per the terms of the agreement, the City gave up control of the public swimming pool to the Sports Association. Under the Agreement, the City leased the public pool, parks, and ball fields to the Sports Association for the purpose to establish and operate recreational programs in the City.
Due to the agreement, the Court found that the City was not in control of the pool at the time and therefore owed no duty to Ms. Balzhiser concerning the safety of parking lot or her injuries.
Further, lifeguard Abby Doyle was not an employee of the City and therefore the City could not be held liability for her acts. There was no evidence of an agency relationship between the City and the Sports Association.
If you have any questions regarding this matter, feel free to contact FHKAD attorneys David Riepenhoff (driepenhoff@fishelhass.com) or Melanie Williamson (mwilliamson@fishelhass.com).