JOHNSON v. VILLAGE OF NEW LONDON

No. 87-707.

36 Ohio St. 3d 60 (1988)

JOHNSON, APPELLANT, v. VILLAGE OF NEW LONDON, APPELLEE.

Supreme Court of Ohio.

Decided April 6, 1988.


Attorney(s) appearing for the Case

Sindell, Rubenstein, Einbund, Pavlik & Novak, William J. Novak and Michael S. Tucker, for appellant.

Carpenter, Paffenbarger & McGimpsey and Earl R. McGimpsey, for appellee.


DOUGLAS, J.

The instant appeal requires this court to determine whether a political subdivision, which holds land open to certain recreational use without charge, is immune from tort liability to a recreational user who is injured on such property. For the reasons expressed infra, we answer this question in the affirmative.

It is axiomatic that a motion for summary judgment may only be granted where there exists no genuine issue as to any material fact...

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