Licht v. Canada Dry Ginger Ale, Inc.

JONES, Chief Judge.

This personal injury action was commenced in the Common Pleas Court of Cuyahoga County and removed to this court on the ground of diversity of citizenship between the parties. Defendant now moves the court for summary judgment in its favor. It is defendant’s contention that the applicable law of the State of Ohio requires proof of wilful or wanton misconduct for recovery • in this action. It asserts that the undisputed facts reveal no such conduct.

Defendant cites Section 6308-6 of the Ohio General Code, the so-called “Guest Act.” Section 6308-6 provides, inter alia, that an…