SMITH v. LANDFAIR

No. 2011-1708.

135 Ohio St.3d 89 (2012)

2012-Ohio-5692

SMITH, Appellee, v. LANDFAIR, Appellant.

Supreme Court of Ohio.

Decided December 6, 2012.


Attorney(s) appearing for the Case

Reinhardt Law Firm, Ltd., and John K. Reinhardt , for appellee.

Hanna, Campbell & Powell, L.L.P., Kenneth A. Calderone , and John R. Chlysta , for appellant.

Giorgianni Law, L.L.C., and Paul Giorgianni , urging affirmance for amicus curiae Ohio Association for Justice.

Green & Green Lawyers, L.P.A., and Thomas M. Green , urging reversal for amicus curiae Ohio Horseman's Council.


LANZINGER, J.

{¶ 1} Ohio's equine-activities-immunity statute, R.C. 2305.321, provides immunity from liability for harm sustained by an equine-activity participant allegedly resulting from the inherent risk of equine activities. In this case, we are asked to determine when an injured person is a "spectator" and therefore an "equine activity participant" whose claim for damages is barred by the statute.

{¶ 2} Because we conclude...

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