Brinkman v. City of Toledo

Sherck, Judge.

This is an appeal from a summary judgment issued by the Lucas County Court of Common Pleas in favor of appellee city of Toledo in a personal injury case. Because we find that there remain genuine issues of fact concerning the recreational user immunity defense put forth by appellee, we reverse the judgment of the trial court.

On December 6, 1986, appellant Jason Brinkman, 1 then twelve years old, was playing football with his friends on a triangular piece of land bordered by Sixth Avenue, Morrisson Avenue and East Broadway Street in Toledo, Ohio. Jason slipped in the snow and…