Cave v. Burt, Unpublished Decision (6-29-2004)

DECISION AND JUDGMENT ENTRY

{¶ 1} This is an appeal from a Ross County Common Pleas Court summary judgment in favor of David L. Burt, the Chillicothe Board of Education, and Chillicothe High School,1 defendants below and appellees herein.

{¶ 2} Jonathan Cave, plaintiff below and appellant herein, raises the following assignments of error for review:

{¶ 3} First assignment of error:

{¶ 4} "The trial court erred in holding that assumption of the risk applied barring appellant's personal injury claim. not only was this an incorrect application of ohio law, but disputed facts existed which barred any…