Brumage v. Green
2014 Ohio 2552
Ohio Ct. App.2014Background
- Brumage was injured when his ATV flipped on Flatfood Road while returning to Greene's property after a second ride,
- Brumage rode with Greene and Overman on Greene's property and then onto a public road, Flatfood Road,
- The first ride occurred in daylight with Greene instructing Brumage on controls; the second ride occurred at dusk with no working taillights or brake lights on Greene's ATV,
- Brumage and others drank beer after the rides; Brumage initially declined the second ride but eventually joined,
- The trial court granted summary judgment on the basis of the primary-assumption-of-risk doctrine applying to a recreational activity (ATV riding); Brumage appealed,
- The appellate court affirmed, holding that ATV riding is a recreational activity and the risk of flipping is an inherent risk, supporting summary judgment and denying recklessness claim due to lack of pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether primary-assumption-of-risk bars Brumage’s negligence claim | Brumage argues the risk arose from non-inherent factors and Greene’s conduct | Greene argues injury resulted from inherent risks of ATV riding on a recreational activity | Yes; primary-assumption-of-risk barred Brumage’s claim |
Key Cases Cited
- Horvath v. Ish, 134 Ohio St.3d 48 (2012-Ohio-5333) (primary-assumption-of-risk scope in recreational activities)
- Marchetti v. Kalish, 53 Ohio St.3d 95 (1999-Ohio-?) (landmark on primary assumption of risk; definition of activity scope)
- Thompson v. McNeill, 53 Ohio St.3d 102 (1990-Ohio-?) (assists framing primary assumption-of-risk doctrine)
- Gentry v. Craycraft, 101 Ohio St.3d 141 (2004-Ohio-379) (application of primary assumption of risk; limitations)
- Gallagher v. Cleveland Browns Football Co., 74 Ohio St.3d 427 (1996-Ohio-?) (definition of duty under primary assumption of risk)
- Pope v. Willey, 2005-Ohio-4744 (12th Dist. Clermont No. CA2004-10-077) (injury on public road not inherent to ATV riding; negligence standard applies)
- Devendra v. West, 2012-Ohio-6092 (7th Dist.) (addresses recklessness and inherent risks in ATV context)
- Curtis v. Schmid, 2008-Ohio-5239 (5th Dist. Delaware No. 07 CAE 11 0065) (driving/riding on ATV deemed recreational; inherent risks)