Marchetti v. Kalish
Ohio Supreme Court
559 N.E.2d 699 (1990)
- Written by Lauren Petersen, JD
Facts
When Angela Marchetti (plaintiff) was 13 years old, she and several friends played a modified version of “kick the can” at Marchetti’s house. They used a ball, rather than a can, for the game. One of the kids playing was Richard Kalish (defendant). While Marchetti stood with one foot on the ball, Kalish ran into Marchetti and knocked her over. This play was against the rules. Marchetti broke her leg in two places. Five years later, Marchetti sued Kalish for negligently injuring her. At trial, Marchetti testified that she did not believe that Kalish had intentionally injured her. Kalish filed a motion to dismiss. The trial court granted Kalish’s motion, holding that a person who participates in a recreational or sporting event can recover only for an intentional tort, and that Marchetti had assumed the risk of playing kick the can when she voluntarily participated in the game. Marchetti appealed. The court of appeals reversed and remanded. The court reasoned that Kalish could be liable for negligence if Marchetti did not consent to Kalish’s rough play despite her participation in the game. Believing that this holding conflicted with precedent, the trial court certified the case to the supreme court.
Rule of Law
Issue
Holding and Reasoning (Resnick, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
