Donahue-Jones v. Roberts

Citations

• 2025 Ohio 2726

Syllabus

The trial court did not err by granting appellees' motion to dismiss appellant's complaint for failing to state a claim upon which relief could be granted under Civ.R. 12(B)(6) where appellant's allegations that appellees had acted recklessly by entrusting appellant's 16-year-old daughter to operate the appellees' all-terrain vehicle were nothing more than bare legal conclusions that were not supported by any operative facts so as to overcome the appellees' motion to dismiss given the clear application of the primary assumption of risk doctrine to the case at bar.