Gallagher v. Cleveland Browns Football Co.

[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 427.] GALLAGHER ET AL., APPELLANTS, v. CLEVELAND BROWNS FOOTBALL COMPANY ET AL., APPELLEES. [Cite as Gallagher v. Cleveland Browns Football Co.,

1996-Ohio-320.] Torts— Participants and spectators at sporting event are barred from bringing actions for injuries that arise out of the normal conduct of the game unless the conduct amounts to an intentional tort or reckless misconduct. __________________ A defendant who wishes to rely on the defense of primary assumption of risk must raise it before or during trial. Failure…