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· 4/16/2020

Huston v. Brookpark Skateland Social Club, Inc.

Citations

  • 2020 Ohio 1493

Syllabus

Civ.R. 56(C)/summary judgment R.C. Chapter 4171/operation of roller skating facilities/duties of roller skaters assumption of the risks willful, wanton, or reckless conduct. The trial court erred where it granted summary judgment to appellee. Affidavit and deposition testimony, when viewed favorably to appellant, created a genuine issue of material fact as to whether appellee acted recklessly. The Revised Code does not provide that a roller rink owes a duty to protect skaters from the risks inherent to roller skating such as coming in contact with other skaters.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • examining a policy's use of the terms fire, arson, and vandalism, and concluding that \[a]ccording to this policy . . . arson is different from vandalism\
  • interpreting policy’s use of terms fire, arson, and vandalism to mean that under the language of that policy, “arson is different from vandalism”
  • \We review the trial court's ruling on evidentiary matters before it on summary judgment for abuse of discretion.\
  • “We review the trial court’s ruling on evidentiary matters before it on summary judgment for abuse of discretion.”
  • “the question (at least in Washington) is whether the' average person purchasing insurance would believe that he or'she assumed the risk of an arson fire under an all-risk policy where the policy excluded coverage for vandalism- The answer to that question’ is ‘no.’ ”
  • assessing an order excluding an affidavit as violating ER 403

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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