Hague v. Summit Acres Skilled Nursing & Rehab.
2010 Ohio 6404
Ohio Ct. App.2010Background
- Hague (67) injured on a treadmill at Summit Acres fitness center in 2008.
- Ruth Hague signed a release stating Summit Acres not liable for injuries from using the fitness center.
- SASNR administers the facility; contention that release governs negligence claims against it.
- Court granted summary judgment for defendants on release-based grounds in favor of SASNR.
- Appellants contend the release is ambiguous and primary assumption of the risk should apply.
- Trial court held the release barred the claim; appellate court ultimately affirmed on alternative grounds of primary assumption of the risk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the release clear enough to bar negligence claims? | Hague argues the release is ambiguous and not explicitly waiving negligence liability. | Summit Acres argues the release covers liability; the absence of explicit terms is still effective. | Ambiguity; release not clearly waiving negligence; not dispositive on its own. |
| Does primary assumption of the risk bar Hague’s negligence claim? | Hague asserts creation of a duty by staff; release ambiguity prevents bar of claim. | Primary assumption of the risk applies; Hague knowingly assumed risk by using treadmill. | Doctrine applies; affirmance of summary judgment on primary assumption of the risk grounds. |
Key Cases Cited
- Glaspell v. Ohio Edison Co., 29 Ohio St.3d 44 (Ohio 1987) (releases narrowly construed; liability limited by clear intent to release)
- Swartzentruber v. Wee-K Corp., 117 Ohio App.3d 420 (Ohio App. 1997) (clear and unambiguous language required to release negligence)
- Holmes v. Health & Tennis Corp. of Am., 103 Ohio App.3d 364 (Ohio App. 1995) (health-club waiver must express clear intent to release negligence)
- Tanker v. N. Crest Equestrian Ctr., 86 Ohio App.3d 522 (Ohio App. 1993) (general releases insufficient to bar negligence claims)
- Jacob v. Grant Life Choices Fitness Center, (10th Dist.) 1996 (Ohio App. 1996) (fitness-center releases must explicitly cover negligence by center or its agents)
- Baker v. Just for Fun Party Ctr., L.L.C., 185 Ohio App.3d 112 (Ohio App. 2009) (explicit release language needed to bar negligence claims)
- Brown v. Columbus All-Breed Training Club, 152 Ohio App.3d 567 (Ohio App. 2003) (insufficient to release prospective rights to compensation from negligent activity)
- Darling v. Fairfield Medical Center, 142 Ohio App.3d 682 (Ohio App. 2001) (distinguishes medical rehab context from general fitness settings)
- Hall v. Woodland Lake Leisure Resort Club, Inc., (4th Dist. 1998) (Ohio App. 1998) (noting release language can bar recovery where it apprises of release from own negligence)