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Ohio Athletic Commission’s Decisions Regarding Qualifications of Athletic Referees are Legislative Acts and Protected by Immunity

In the case Al-Jahmi v. Ohio Ath. Com., 2020-Ohio-3487, 2020 Ohio Misc. LEXIS 98, the Court of Claims of Ohio held that in action for negligence where decedent died from injuries sustained in a professional fight sanctioned by defendant-state athletic commission, defendant’s motion for summary judgment is granted since defendant’s decisions regarding qualifications of ringside physicians and referees are legislative acts that are protected by discretionary immunity and, although reckless acts by referee in not stopping the fight are not covered by immunity, boxing is inherently dangerous and duty owed decedent was low, and there is no evidence defendant acted recklessly, R.C. 3773.42.

In this case Hamzah Al-Jahmi collapsed during a December 19, 2015 boxing match sanctioned by the Ohio Athletic Commission, and died three days thereafter from his injuries. In his complaint, plaintiff alleges defendant acted negligently and/or recklessly in numerous ways including through the conduct of the referee and ringside physician appointed by defendant.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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