GALLAGHER v. CLEVELAND BROWNS FOOTBALL CO.

No. 94-835.

74 Ohio St.3d 427 (1996)

GALLAGHER ET AL., APPELLANTS, v. CLEVELAND BROWNS FOOTBALL COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 7, 1996.


Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Joel Levin, Maurice L. Heller and Kathleen J. St. John, for appellants.

Isaac, Brant, Ledman & Teetor, Charles E. Brant, Donald L. Anspaugh and David E. Ballard; and Kitchen, Deery & Barnhouse, for appellees.

Thomas H. Bainbridge, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


ALICE ROBIE RESNICK, J.

The issue presented is whether a defendant who makes no attempt to introduce primary assumption of risk as an issue before or during a trial, but instead waits until after the jury returns a verdict in favor of the plaintiff, is precluded from relying on primary assumption of risk as a complete defense in a motion for judgment notwithstanding the verdict. For the reasons that follow, we determine...

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