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LICAUSE v. CITY OF CANTON

Nos. 88-84 and 88-506.

42 Ohio St. 3d 109 (1989)

LICAUSE, F.K.A. CALEY, APPELLEE, v. CITY OF CANTON ET AL., APPELLANTS. ALBERT ET AL., APPELLEES, v. CITY OF CANTON ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Tramonte, Kot, Davis & Loury, Kenneth R. Davis and Kelly McLaughlin, for appellee LiCause.

James G. Mannos, for appellee Albert et al.

David L. Herbert and Joseph F. Scott, for appellant city of Canton.

Day, Ketterer, Raley, Wright & Rybolt, Louis A. Boettler, Charles P. Royer and Douglas Maser, for appellant Canton Board of Education.

W. Scott Gwin, law director, Lawrence E. Chapanar and Joe Martuccio, for appellants Canton Board of Park Commissioners and Canton Board of Recreation.

ALICE ROBIE RESNICK, J.

We initially note that appellees in both cases were found to be recreational users. R.C. 1533.181 states:

"(A) No owner, lessee, or occupant of premises:

"(1) Owes any duty to a recreational user to keep the premises safe for entry or use;

"(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;

"(3) Assumes responsibility for or incurs...

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