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CRACE v. KENT STATE UNIV.

No. 08AP-1080.

185 Ohio App.3d 534 (2009)

2009-Ohio-6898

CRACE et al., Appellants, v. KENT STATE UNIVERSITY, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 29, 2009.

Attorney(s) appearing for the Case

Anthony J. Cespedes and Stanley R. Rubin, for appellants.

Roetzel & Andress, L.P.A., Ronald B. Lee, and Moira H. Pietrowski; and Richard Cordray, Attorney General, and Anne Strait, Principal Assistant Attorney General, for appellee.

CONNOR, Judge.

{¶ 1} Appellants, Angela, Robert, and Rhonda Crace, appeal the decision of the Ohio Court of Claims granting judgment to appellee, Kent State University ("KSU"), after a bench trial on the bifurcated issue of KSU's liability. The trial court granted judgment to KSU after finding that the defense of primary assumption of the risk barred appellants' negligence and loss-of-consortium claims. For the reasons that follow, we affirm the...

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