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LOYER v. BUCHHOLZ

No. 87-1379.

38 Ohio St. 3d 65 (1988)

LOYER, APPELLEE, v. BUCHHOLZ ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 20, 1988.

Attorney(s) appearing for the Case

Green, Ashley & Weglian, Merritt W. Green II, Lucal & McGookey and James E. McGookey, for appellee.

Flynn, Py & Kruse Co., L.P.A., and Charles W. Waterfield, for appellants.

Robison, Curphey & O'Connell, Jack Zouhary and Jean Ann S. Sieler, urging reversal for amici curiae, Kevin and Sharon Detrick.

DOUGLAS, J.

The issue presented by this cause is whether, by virtue of R.C. 1533.181, a residential pool owner is immune from a suit for damages resulting from injuries sustained in the pool by a social guest. We hold that R.C. 1533. 181 does not confer immunity where the land on which the injury occurred is not kept open to the general public for gratuitous recreational use.

R.C. 1533.181 provides:

...

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