Cain v. Cleveland Parachute Training Center

• Decision Date: 18 March 1983
• Citation: 9 OBR 28,457 N.E.2d 1185,9 Ohio App.3d 27
• Parties: , 9 O.B.R. 28 CAIN, Appellant, v. CLEVELAND PARACHUTE TRAINING CENTER, Appellee.
• Court: Ohio Court of Appeals

Page 27

9 Ohio App.3d 27

457 N.E.2d 1185, 9 O.B.R. 28

CAIN, Appellant, v. CLEVELAND PARACHUTE TRAINING CENTER, Appellee.

Court of Appeals of Ohio, Eleventh District, Geauga County.

March 18, 1983.

Syllabus by the Court

A participant in a recreational activity is free to contract with the proprietor of such activity so as to relieve the proprietor of responsibility for damages or injuries to the participant caused by the negligence of the proprietor, except when caused by wilful or wanton misconduct.

Alan S. Levine, Warrensville Heights, for appellant.

Wallace E. King, Chardon, for appellee.

COOK, Presiding Judge.

On June 28, 1980, Robert W. Cain, appellant herein, went to a facility of the Cleveland Sport Parachute Training Center, appellee herein, for training in parachuting. Upon his arrival, appellant was asked to sign and did sign a "Waiver, Release, and Hold Harmless Agreement" which read as follows:

"I, Robert W. Cain, of 5235 Lynd, Lyndhurst, Ohio 44124 the undersigned, hereby acknowledge my receipt of the permission to participate in parachute jumping as a member or guest of the Cleveland Sport Parachuting Center of Grove Road, or any other field the Center may use. In consideration of the permission and privilege allowed me hereunder, I do hereby specifically agree that I will indemnify, save and hold harmless the Cleveland Sport Parachuting Center, Dale Gates, Lucinda Gates and Bob Gates, its instructors, agents and all persons whether participants or spectators of the Grove Road field or elsewhere, from any and all losses, claims, actions, or proceedings of every kind and character which may be presented or initiated to recover money, property, or damages for any injuries to persons, or injurious results, or any damages to property suffered during the conduct of the above described event and arising directly or indirectly from any activity by me as a parachute jump student, member or participant.

"In accepting the permission and privilege to participate under this 'Waiver, Release and Hold Harmless Agreement,' I understand that this extends to and applies to any personal injuries, injurious results, damages or losses which I, myself, may experience or sustain while engaged in training or parachuting with the Cleveland Sport Parachuting Center. I covenant for myself, my estate, executor, heirs and assigns not to file suit or initiate any claim procedure in respect to any personal injuries, property damages, or losses I may experience or sustain arising directly or indirectly out of my activities hereunder.

"I freely assume all risks, hazards, and losses which may befall me in connection with my exercise of the permission and privilege allowed me hereunder. I acknowledge that I have fully inspected and am adequately informed of all pertinent physical conditions of aerology and topography in the vicinity of the Grove Road field, or any other field the Center may use.

"This 'Waiver, Release and Hold Harmless Agreement' shall also apply to pre-jump access or activity by the undersigned on the air fields and drop zones in use by the Cleveland Sport Parachuting Center."

In his first parachute jump, appellant broke one of his legs.

On June 11, 1981, appellant filed a complaint against appellee alleging appellee had negligently trained him for the parachute jump, failed to maintain the area around which he was instructed to land, and failed to provide adequate jumping equipment. Appellee filed an answer denying any negligence and asserting the affirmative defenses of assumption of risk and release.

Appellee filed a motion...