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Bastian v. McGannon

Ohio Court of Appeals

WL 833997 (2008)

Facts

Two children, J.B. (plaintiff) and M.M. (defendant) were taking turns shooting each other with a BB gun. J.B. and M.M. said that they were the only children who were playing the shooting game and that the game stopped when other children, including C.L. (defendant) arrived. Then either C.L. or M.M. shot J.B. in the eye, permanently injuring him. C.L. said that M.M. fired the shot. Some of the children said that C.L. fired the shot, and J.B. did not know who shot him. The trial court granted summary judgment in favor of M.M. and C.L., reasoning that there were no genuine issues of material fact concerning whether J.B. was a participant in a recreational activity when he was injured. J.B. appealed.

Rule of Law

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Issue

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Holding and Reasoning (Whitmore, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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