DocketNumber: No. 85931.
Citation Numbers: 164 Ohio App. 3d 328, 2005 Ohio 6095
Judges: SEAN C. GALLAGHER, Judge.
Filed Date: 11/17/2005
Status: Precedential
Modified Date: 1/13/2023
{¶ 1} Appellant, Gaby Barakat, appeals from the judgment of the Cuyahoga County Court of Common Pleas that granted summary judgment in favor of appellees Darrin Pordash and Corporate Martial Arts Fitness, Inc., d.b.a. the Fitness Edge1 ("CMAF").2 For the reasons stated below, we affirm. *Page 330
{¶ 2} The following facts give rise to this appeal. On March 29, 2000, Pordash was teaching a martial-arts class in sambo at CMAF. At the time, Pordash was a fourth-degree black belt in sambo, which is two degrees below the highest level that can be achieved in the discipline. Barakat attended the class upon the invitation of Pordash. At the time, Barakat had a second-degree black belt in kung fu, and he had a brown belt (which is one step below black belt) in judo.
{¶ 3} Pordash was also a licensed chiropractor. Barakat became a patient of Pordash's after a motor vehicle accident in March 2000. During the course of treatment, Pordash and Barakat had conversations about martial arts.
{¶ 4} When Barakat went to watch Pordash's sambo class on March 29, 2000, he was not a student of the class or of CMAF. However, Barakat volunteered to allow Pordash to place a leg lock on Barakat's left leg.
{¶ 5} Barakat stated in his deposition that while he was in the leg-lock hold, Pordash asked him to try to escape the hold. Barakat indicated that it was impossible to break loose. Nonetheless, Barakat tried to put pressure on Pordash by straightening his leg. Barakat stated that Pordash responded by twisting around him, causing Barakat's whole leg, which was straight, to twist. When this occurred, Barakat heard his left knee pop, and he felt pain. Barakat claims that he suffered a broken ligament as a result of the incident.
{¶ 6} Barakat brought this action against Pordash and CMAF on January 15, 2004. Pordash and CMAF each filed a motion for summary judgment. These motions were granted by the trial court. Barakat has appealed the trial court's ruling and has raised the following assignment of error for our review:
{¶ 7} "The trial court erred in granting summary judgment in favor of appellee [CMAF] and appellee Darrin Pordash.
{¶ 8} "A. The trial court erred by finding, as a matter of law, that appellant assumed the risk."
{¶ 9} This court reviews a trial court's grant of summary judgment de novo. Ekstrom v. Cuyahoga Cty. Comm. College,
{¶ 10} This case involves an injury sustained during a sport or recreational activity. The Supreme Court of Ohio has determined that when an individual is a participant in or a spectator at a sport or recreational activity, the individual assumes the inherent risks of the activity and cannot recover for any injury unless it can be shown that the other participant's actions were either reckless or intentional. Gentry v.Craycraft,
{¶ 11} In this case, the evidence reflects that Barakat was voluntarily participating in the sambo demonstration when he was injured. However, Barakat claims that reasonable minds could conclude that his injury was not the result of a risk inherent in sambo. Inherent risks are those that are foreseeable, and customary risks of the sport or recreational activity. SeeThompson,
{¶ 12} Sambo is a high-contact, inherently dangerous sport. Pordash testified that sambo involves throws, strikes, blows, punching, and other techniques. Thus, physical contact to the body is actually encouraged by the sport. We find that being injured in the course of a hold or maneuver is a risk that is a foreseeable and customary risk of the sport.
{¶ 13} Because an inherent risk was involved, recovery is dependent upon whether the defendant's conduct was either reckless or intentional. Gentry,
{¶ 14} We also note that courts have recognized an "`inverse relationship between duty and dangerousness' in sports: `the standard of care rises as the inherent danger of the sport falls.'" Levine v. Gross (1997),
{¶ 15} As discussed above, sambo is a high-contact sport that involves various physical maneuvers. Pordash was demonstrating a move on Barakat when the alleged injury occurred. Pordash testified that when he put Barakat into the leg-lock hold, Barakat straightened his leg to the point that his knee was completely locked out. Pordash claimed that he heard a pop in Barakat's left knee. On the other hand, Barakat testified that the pop occurred when Pordash responded to the pressure of Barakat's straightening of the leg. Regardless of when during the maneuver the alleged injury occurred, the record clearly reflects that it was during a physical maneuver in the course of the hold. We find that the record is devoid of any evidence by which reasonable minds could conclude that Pordash intentionally or recklessly injured Barakat. Accordingly, we conclude that summary judgment was appropriate.
Judgment affirmed.
SWEENEY, P.J., and CALABRESE, J., concur.