Court of appeals affirms decision over lawsuit regarding police dog

The Twelfth District Court of Appeals has affirmed a decision of the Clinton County Common Pleas Court denying a Clinton County woman judgment without a trial in a lawsuit initiated by a man who was bitten by a police dog. 

Kelli Hollon Rector, who is married to Officer Timothy C. Rector, a canine handler with the Hamilton Township Police Department, let Perro, her husband's canine partner, outside into their unfenced backyard to relieve itself. The dog then bit Jeffrey Santel as Santel walked his dog by the Rectors' house. Santel subsequently filed suit against Kelli Rector and Officer Rector alleging that they were negligent in letting the dog outside into their unfenced backyard. 

The trial court, although granting judgment to her husband without a trial after finding him immune from liability, denied judgment to Kelli Rector after finding there was insufficient evidence to prove she was a Hamilton Township employee. 

On appeal to the Twelfth District, Kelli Rector argued that the trial court improperly denied her judgment without a trial because she was immune from liability as a Hamilton Township employee. 

In a unanimous decision, Judge Robert P. Ringland affirmed the judgment of the trial court. Judge Ringland determined that a dispute existed as to whether Kelli Rector was an employee of Hamilton Township, and therefore, granting her judgment without a trial was inappropriate. Presiding Judge Stephen W. Powell and Judge Robin N. Piper concurred in the opinion. 

The decision of the Twelfth District Court of Appeals affirmed the trial court's decision denying Kelli Rector judgment without first holding a trial.