Davis v. Dungeons of Delhi

Citations

• 2019 Ohio 1457

Syllabus

PROCEDURE/RULES – CIV.R. 41(A) – SUMMARY JUDGMENT – NEGLIGENCE – CIVIL ASSAULT: Where the plaintiffs in a multi-defendant case voluntarily dismissed all defendants pursuant to Civ.R. 41(A), including those for whom the trial court had already granted summary judgment, the prior interlocutory summary judgment order was rendered a nullity. An action refiled under the saving statute is a new action and does not incorporate the documents filed in the dismissed action, so even if a refiled action is assigned to the same trial judge as the dismissed action, the necessary documents from the dismissed action must be filed in the new action. The trial court erred by granting summary judgment in favor of an operator of a haunted house attraction on plaintiffs' claims for negligence and civil assault where questions of fact remained as to whether the injured plaintiff had entered the confines of the haunted house attraction and whether she could be expected to foresee or accept the attendant risk of injury from being chased by a costumed haunted house worker.