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SORRELL v. OHIO DEPT. OF NATURAL RESOURCES

No. 87-2081.

40 Ohio St. 3d 141 (1988)

SORRELL ET AL., APPELLEES AND CROSS-APPELLANTS, v. OHIO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND RECREATION, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided December 28, 1988.

Attorney(s) appearing for the Case

Luper, Wolinetz, Sheriff & Neidenthal, James R. Leickly and Marya C. Kolman, for appellees and cross-appellants.

Anthony J. Celebrezze, Jr., attorney general, and Susan M. Sullivan, for appellant and cross-appellee.

John K. Fitch, urging affirmance for amici curiae, Ohio Academy of Trial Lawyers and Franklin County Trial Lawyers Assn.

HOLMES, J.

This case presents two issues for our consideration. We are first asked to decide whether appellee Frank Sorrell was a "recreational user," as defined in R.C. 1533.18(B), at the time of his accident. For the reasons which follow, we hold that he was. Second, in their cross-appeal, the Sorrells ask this court to overrule its decisions in McCord v. Division of Parks & Recreation (1978), 54 Ohio St.2d 72

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