Debold v. Siesel Distrib., L.L.C.

Citations

• 244 N.E.3d 144
• 2024 Ohio 1851

Syllabus

Summary Judgment Recreational Activity Primary Assumption of the Risk Negligence Negligent Entrustment, Loss of Filial Consortium. The trial court did not err in granting summary judgment on negligence claim resulting from accident where tube being pulled by a snowmobile struck an object. Driver was a 10 year old minor, so cannot be negligent. Additionally, as it was a recreational activity, the injured 12-year-old assumed the risk of the crash. No evidence was presented that the driver behaved recklessly. Negligent entrustment claim fails because there was no underlying liability. Claim for loss of filial consortium is a derivative claim that fails because there could be no liability on the underlying claims.