Gyory v. Radgowski

In this action to recover for injuries sustained in an Ohio automobile accident, the defendants, Edward Radgowski ("Radgowski”) and the Hertz Corp. ("Hertz”), have pleaded the Ohio Guest Statute as a limitation on their liability and the Workmen’s Compensation Law as an affirmative defense. The plaintiffs move to dismiss both defenses.

Plaintiff Frank Gyory ("Gyory”) and Radgowski, New York domiciliaries, were sent to Dayton, Ohio for business reasons by their common employer. Although Gyory’s trip was scheduled to be of one day’s duration, he elected to extend his stay for an additional day…