Al-Jahmi v. Ohio Athletic Comm.

Citations

• 2022 Ohio 2296

Syllabus

Judgment affirmed in part, reversed in part, case remanded. In a case where a boxer died from injuries sustained while competing in a boxing match, the trial court did not err by granting the Ohio Athletic Commission's (\OAC\) motion for summary judgment in part, as express and primary assumption of risk barred appellant's negligence claims pertaining to the bout, and discretionary immunity barred appellant's negligence and recklessness claims asserting the OAC failed to enact or rescind various rules and requirements. The trial court erred by granting the OAC's motion for summary judgment in part, on the facts of this case, as discretionary immunity did not bar appellant's claim that the OAC negligently licensed certain officials, and because the evidence demonstrated genuine issues of material fact regarding whether the OAC acted recklessly by appointing the referee and whether the referee and/or ringside physician acted recklessly at the bout. As genuine issues of material fact pertaining to recklessness were present in the case, the trial court did not err by denying appellant's motion for summary judgment.