Wolf v. Kaplan

Citations

• 2021 Ohio 2447

Syllabus

Summary judgment assault battery gross negligence negligence triathlon bicycling cycling accident crash collision conduct contact rule violation waiver assumption of risk reckless intentional anticipated foreseeable customary inherent intrinsic sport. Affirmed the trial court's decision to grant summary judgment in favor of defendant on claims for assault, battery, gross negligence, and negligence arising from a bicycle crash during a triathlon event. The alleged conduct presented a foreseeable and customary risk in the sport of triathlon, the doctrine of primary assumption of the risk applied, and, as a matter of law, the alleged conduct could not be found intentional or reckless. The alleged conduct was not outside of the range of ordinary activity involved in the sport of triathlon, was anticipated by the customs and practices of the sport, was reasonably foreseeable, and presented a risk of injury inherent in the sport. A rule violation in itself is an insufficient basis by which to attach liability, and the facts and circumstances of the particular case must be considered. There was an absence of evidence demonstrating the injury arose out of conduct that was not truly an intrinsic part of the competitive sport of triathlon.