[Cite as Graham v. Like Milton State Park, 2011-Ohio-3535.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

STEPHEN GRAHAM 

 Plaintiff 

 v. 

LAKE MILTON STATE PARK 

 Defendant 

Case No. 2010-11331-AD 

Clerk Miles C. Durfey 

MEMORANDUM DECISION 

FINDINGS OF FACT 

{¶ 1} On July 11, 2010, plaintiff, Stephen Graham , suffered personal injury and 

property damage when he drove his vehicle onto the premises of defendant, Lake 

Milton State Park, and an unattended gate swung into the path of plaintiff's car striking 

the hood, shattering the windshield, and striking plaintiff in the head. Plaintiff filed this 

complaint seeking to recover $1,969.93, the cost of automobile repairs, ambulance 

transport to the hospital, medical co-pays for follow-up care, and the replacement cost 

for a GPS navigation system that had been mounted on the windshield. Plaintiff has 

implied that defendant, as owner of the damage-causing gate, should bear liability for 

the damages incurred. Plaintiff submitted the filing fee with the complaint. 

{¶ 2} Defendant denied liability based on the fact that plaintiff was a recreational 

user of Lake Milton State Park at the time of the property damage occurrence. 

Defendant explained that Lake Milton State Park is open to the public free of charge 

and that plaintiff did not pay a fee to use the facilities. 

{¶ 3} Plaintiff filed a response wherein he contended that the recreational user 

statute did not apply to the facts of this matter in that the gate in question was left 
unsecured by a negligent act of defendant’s employee. Plaintiff cited the holding of Ryll 

v. Columbus Fireworks Display, Co. 95 Ohio St. 3d 467, 2002-Ohio-2584, ¶15 wherein 

the Supreme Court of Ohio found that inasmuch as the injury was caused by shrapnel 

propelled from exploding fireworks and that the fireworks were not part of the 

"premises" as defined in R.C. 1533.18(A), the immunity conferred by the statutory 

language did not apply. In addition, plaintiff argued that the relevant statute cited by 

defendant was unconstitutional.1 Finally, plaintiff noted that his insurance company had 

reimbursed the cost of the ambulance such that his damage claim was reduced to 

$954.33. 

CONCLUSIONS OF LAW 

{¶ 4} Since this incident occurred at Lake Milton State Park, defendant qualifies 

as the owner of the "premises" under R.C. 1533.18, et seq. 

{¶ 5} "Premises" and "recreational user" are defined in R.C. 1533.18, as follows: 

{¶ 6} "(A) 'Premises' means all privately-owned lands, ways, and waters and 

any buildings and structures thereon, and all privately owned and state-owned lands, 

ways and waters leased to a private person, firm, or organization, including any 

buildings and structures thereon. "(B) 'Recreational user' means a person to whom 

permission has been granted, without the payment of a fee or consideration to the 

owner, lessee, or occupant of premises, other than a fee or consideration paid to the 

state or any agency of the state or a lease payment fee paid to the owner of privately 

owned lands, to enter upon the premises to hunt, fish, trap, camp, hike or swim, or to 

operate a snowmobile, all-purpose vehicle, or four-wheel drive motor vehicle, or to 

engage in other recreational pursuits." R.C. 1533.181 states: 

{¶ 7} "(A) No owner, lessee, or occupant of premises: 

{¶ 8} "(1) Owes any duty to a recreational user to keep the premises safe for 

entry or use; "(2) Extends any assurance to a recreational user, through the act of 

giving permission, that the premises are safe for entry or use." 

{¶ 9} Pursuant to the enactment of R.C. 2743.02(A), the definition of premises 

in R.C. 1533.18(A) effectively encompassed state-owned lands. Moss v. Department of 

Natural Resources (1980), 62 Ohio St. 2d 138, 16 O.O. 3d 161, 404 N.E.2d 742. R.C. 

 1

Plaintiff’s constitutional challenge is not well-taken. See McCord v. Division of Parks and 

Recreation (1978), 54 Ohio St. 2d 72, 8 O.O. 3d 77, 375 N.E. 2d 50. 
1533.181(A)(1), which provides, inter alia, that an owner of premises owes no duty to a 

recreational user to keep the premises safe for entry or use, applies to the state. 

Fetherolf v. State (1982), 7 Ohio App. 3d 110, 7 OBR 142, 454 N.E.2d 564. Plaintiff is 

clearly a recreational user, having paid no fee to enter the premises. Owing no duty to 

plaintiff, defendant clearly has no liability under a negligence theory. Loudermilk v. 

Buckeye Lake State Park, Ct. of Cl. No. 2003-10406-AD, 2004-Ohio-1344. 

{¶ 10} To the extent that plaintiff characterized the occurrence as having been 

caused “by the negligence of a park employee, not by the premises,” the court finds that 

defendant still has immunity from liability under the recreational user statute. See 

Mitchell v. City of Blue Ash, 181 Ohio App. 3d 804, 2009-Ohio-1887, ¶10 (holding that 

“the basis of the Ryll decision was not that the negligence of a city employee or other 

person had contributed to the injury, but rather that the injury had not arisen from part of 

the premises “ and thus concluding that “in cases decided by the Ohio Court of Claims 

since the Ryll decision, that court has held the state government immune under the 

recreational-user statute even where the plaintiff had alleged negligence on the part of 

public employees.”) See also Gudliauskas v. Lakefront State Park, Ct. of Cl. No. 2004-

08464, 2005-Ohio-5598 (allegedly negligent driving on part of park ranger causing injury 

to skater.) 

 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

STEPHEN GRAHAM 

 Plaintiff 

 v. 

LAKE MILTON STATE PARK 

 Defendant 
Case No. 2010-11331-AD 

Clerk Miles C. Durfey 

ENTRY OF ADMINISTRATIVE DETERMINATION 

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 MILES C. DURFEY 

 Clerk 

Entry cc: 

Stephen Graham Charles G. Rowan 

4448 Swan Lake Drive Department of Natural Resources 

Copley, Ohio 44321 2045 Morse Road, D-3 

 Columbus, Ohio 43229-6693 

SJM/laa 

3/21 

Filed 4/5/11 

Sent to S.C. reporter 7/8/11