Pauley v. Circleville

After sustaining injuries while sledding in the City of Circleville's park, Jeremy Pauley and his mother filed a civil action against the City, alleging that the City acted negligently, recklessly, and wantonly in dumping debris in the park, which resulted in a physical defect that caused Jeremy's injuries. The trial court granted the City's motion for summary judgment, concluding that the City was immune from suit under Ohio Rev. Code 1533.181, the recreational user immunity statute. Plaintiffs appealed, contending that section 1533.181 does not apply when a property owner makes the property more dangerous "without promoting or preserving recreational activities." The Supreme Court affirmed, holding that because Jeremy was a recreational user as defined in the statute, the City was not liable for his injuries. View "Pauley v. Circleville" on Justia Law