Horvath v. Ish
Annotate this CasePlaintiffs were skiing and Defendant was snowboarding at the same resort when Defendant and one of Plaintiffs collided, injuring Plaintiff. Plaintiffs filed a complaint against Defendant and his parents, alleging that Defendant had acted negligently, carelessly, recklessly, willfully, and wantonly in causing the collision. The trial court granted Defendants' motion for summary judgment. The court of appeals reversed and remanded the case to the trial court to determined whether Defendant had violated any duties under Ohio Rev. Code 4169.08 or 4169.09 and if he did, whether negligence per se applied. The court also held that a genuine issue of material fact existed whether Defendant was reckless. The Supreme Court affirmed, albeit on somewhat different grounds, holding that there was a genuine issue of material fact, but only as to whether Defendant's actions were more than negligent, that is, whether his actions were reckless or intentional under the common law.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.