from the Franklin County Court of Common Pleas C.P.C. No.
& Elliott, LLC, and Barton R. Keyes, for appellants.
Sater, Seymour and Pease LLP, Martha Brewer Motley, and
Mitchell A. Tobias, for appellees.
Mitchell A. Tobias.
1} Plaintiffs-appellants, Erin Lytal and her mother,
Monica Duggan, appeal from the decision of the Franklin
County Court of Common Pleas granting the motion for judgment
on the pleadings under Civ.R. 12(C) to defendants-appellees,
Crawl for Cancer, Inc. ("CFC"), Samantha Green, and
Aaron Niemeier. For the reasons set forth below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
2} CFC is a for-profit corporation that organizes an
annual "pub crawl" in Columbus, Ohio, with proceeds
benefitting cancer research and persons being treated for the
disease. Approximately 26 percent of CFC's revenues are
donated to cancer research and treatment. CFC's pub crawl
of May 24, 2014 was a seven hour event attended by
approximately 5, 500 persons. During the event, participants
visited various bars from 1:00 p.m. to 5:00 p.m. before
attending an after-hours party from 5:00 p.m. to 8:00 p.m.,
where CFC provided 367 kegs of beer. Participants formed
teams of 10 to 12 persons and paid CFC to participate. During
the "crawl" portion of the event, CFC assigned each
team 5 bars to visit and provided tickets to redeem 4
pitchers of beer at each bar.
3} One participant, Angela Yeager, drove while
intoxicated after leaving the event. She hit Lytal's car
after crossing the center line of the road while driving in
the opposite direction, causing Lytal's car to flip over
and land in a nearby field. As a result, Lytal suffered from
numerous broken bones, a lacerated liver, and a traumatic
head injury. Even after two years of medical care and
therapy, Lytal did not completely recover and she anticipates
that some of her injuries are permanent.
4} On May 23, 2016, Lytal and Duggan filed suit
against CFC, Green, Niemeier, and five other defendants who
were later dismissed. Lytal asserted a claim for
"negligent and malicious conduct" against CFC,
Green, and Niemeier, and Duggan asserted a derivative claim
for loss of consortium. (May 23, 2016 Compl.)
5} After answering, CFC, Green, and Niemeier filed a
motion for judgment on the pleadings under Civ.R. 12(C) on
July 29, 2016. The trial court granted the motion on October
3, 2017, on the grounds that, as a ...