Marchetti v. Kalish
Ohio Supreme Court
559 N.E.2d 699 (1990)
13-year-old Marchetti (plaintiff) broke her leg when fellow player Kalish (defendant) ran into her during a modified game of "kick the can," in a play against the game's rules; she testified she didn't believe Kalish intentionally injured her, but sued him five years later for negligence. The trial court granted Kalish's motion to dismiss, holding participants can recover only for intentional torts and Marchetti had assumed the risk by playing; the court of appeals reversed, reasoning Kalish could be liable for negligence if Marchetti hadn't consented to his rough play, and the trial court certified the conflict to the supreme court.
Whether a participant in a sporting activity may recover for personal injuries received during the activity if there is no evidence of reckless or intentional conduct on the part of the defendant.