Gallagher v. Cleveland Browns Football Co., Inc.

Because I believe the defendants-appellants, Cleveland Browns Football Company, Inc., Cleveland Browns, Inc. and Cleveland Stadium Corporation, Inc., have waived their right to assert the defense of primary assumption of risk, I respectfully dissent from the majority’s decision to reverse the jury verdict finding in favor of plaintiffs-appellees, Michael Gallagher and Northbrook Property and Casualty Insurance Co.

Under the unique procedural circumstances presented by the case sub judice, I conclude that the appellants waived their right to assert the defense of primary assumption of risk by…