![]() ![]() Ī powerful and detailed dissent written by Judge Mayle pointed out that the majority overlooked the role of foreseeability and Burr’s conscious disregard for the postal service guidelines. ![]() In reference to the postal recommendations, the court found that the alleged violations of these recommendations did not constitute negligence per se. According to the majority, there was no evidence of proximate causation because Snay’s argument (that the location and erection of the mailbox was the but-for cause of his injuries) was impermissible speculation. The court held that Burr was entitled to summary judgment as a matter of law because he owed no duty to Snay when he left the traveled portion of the road and struck the mailbox. The 6th District of Ohio Court of Appeals affirmed the judgement of the Huron County Court of Common Pleas and awarded summary judgment to Burr, the owner of the mailbox. Furthermore, he testified that he considered the risk to motorists and understood why the recommendations exist. Burr consulted the Bellevue Post Office and obtained the recommendations for installing rural mailboxes, which he exceeded in every aspect. He buried the mailbox three feet in the ground and filled the whole with dirt, stones, and concrete mix. Burr constructed the mailbox with a metal pipe, eight inches in diameter and six-and-a-half feet long. One factor in the severity of the accident was the mailbox itself, which Snay constructed after his previous mailbox had been repeatedly vandalized and damaged. After losing control, Snay crashed into Burr’s reinforced mailbox, causing his truck to roll over and leaving Snay permanently paralyzed. On a winter day in Ohio, Cletus Snay drove his truck down Young Road when he unexpectedly lost control of the vehicle on a patch of black ice. Finally, this article will argue why the Ohio Supreme Court should find in favor of the motorist and deny the homeowner’s motion for summary judgement. Next, this article will explore relevant case law that could inform the Ohio Supreme Court’s upcoming decision. At issue in this case is the foreseeability of the injury, whether the mailbox was a proximate cause, and whether it interfered with the usual and ordinary use of travel.įirst, this article will outline the facts and procedural history of Snay v. These competing interests each have broader implications on the legal landscape than merely mailbox construction standards. However, the safety of motorists is also at stake if homeowners are allowed to build fortified mailboxes or other objects so close to the roadway. At risk in this case are the rights of homeowners to build and erect objects near the roadway that meet their own standards. In contrast, finding no liability allows homeowners a great deal of leeway and the possibility of escaping liability. If Burr is found liable, courts will have difficulty deciding where to draw the line regarding what homeowners are allowed to construct or maintain on their property. Burr could have far wider implications regarding the duty of care owed by a homeowner to passing motorists. While mailbox construction parameters may seem like a minor issue, Snay v. The central issue in this case is whether the homeowner, Matthew Burr, owed a duty of care to the motorist, Cletus Snay, when he lost control of his vehicle and struck Burr’s mailbox. On June 16, 2021, the Ohio Supreme Court heard oral arguments in Snay v. Should the landowner that constructed the mailbox be held liable for your damages and injuries? The Supreme Court of Ohio is set to answer that question in the coming months, and the decision could have ramifications that affect all landowners with mailboxes near a roadway, and the motorists passing by. The impact flips your vehicle and sends the car rolling down the embankment. ![]() You crash into a mailbox with a metal support that is fortified in the ground with concrete. You crash into a wooden mailbox, and it breaks away, leaving your car slightly damaged, but you are uninjured. You are driving down a country road on a winter day when you suddenly lose control after hitting a patch of black ice. Stephen Stafford, Associate Member, University of Cincinnati Law Review ![]()
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