Byer v. Lucas, 08-No-351 (3-9-2009)

OPINION

{¶ 1} Plaintiff-appellant, Lori Byer (Byer), appeals a decision of the Noble County Court of Common Pleas denying her claim of negligence against defendant-appellee, Ken Lucas (Lucas). Byer contends the trial court erred in finding that Lucas was exempt from liability under the recreational user immunity statute, R.C. 1533.181. Byer also contends that the trial court incorrectly applied the doctrine of primary assumption of the risk.

{¶ 2} On August 19, 2006, Byer participated in a hayride as part of the festivities at a house party. (Byer Depo. 13, 16.) Both Lucas's hay wagon and a…