[Cite as Davis v. Dungeons of Delhi, 2019-Ohio-1457.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO MCKENZIE DAVIS, : APPEAL NO. C-180242 TRIAL NO. A-1704819 and : JENNIFER BLUM , : O P I N I O N. Plaintiffs-Appellants, : vs. : DUNGEONS OF DELHI, : MARK MATTHEW MATEIKAT, : and : MARK MATEIKAT, : Defendants-Appellees. : Civil Appeal From: Hamilton County Court of Common Pleas Judgments Appealed From Are: Reversed and Cause Remanded Date of Judgment Entry on Appeal: April 19, 2019 The Law Offices of Blake R. Maislin, LLC, and Blake R. Maislin, for Plaintiffs- Appellants, Droder & Miller Co., L.P.A., Richard J. Rinear and Bradley A. Powell, for Defendants-Appellees. OHIO FIRST DISTRICT COURT OF APPEALS MYERS, Judge. {¶1} McKenzie Davis and her mother Jennifer Blum (“the plaintiffs”) appeal the trial court’s entry of summary judgment in favor of the defendants on the plaintiffs’ claims for negligence and civil assault stemming from injuries that Davis sustained at a haunted house attraction. Because genuine issues of material fact remain, we reverse the trial court’s judgment. {¶2} In April 2014, the plaintiffs filed an action against “Delhi Township, Ohio, DBA Dungeons of Delhi,” the trustees of Delhi Township, and Mark Matthew Mateikat (“Matt Mateikat”), alleging that the township and its trustees operated a haunted house attraction known as “Dungeons of Delhi,” and that Davis was injured when Matt Mateikat, dressed as a ghoul, ran out of the haunted house, chased her, and caused her to fall. The complaint included a demand that the plaintiffs’ health insurer be required to assert its subrogation interests. {¶3} The plaintiffs amended their complaint to name as additional defendants Del-Fair, Inc., the owner of the parcel on which the haunted house was situated, and Boy Scouts of America, Dan Beard Council, Inc., and Learning for Life, Inc., (hereinafter “Boy Scouts”), entities that received funds from the sale of tickets for the haunted house. {¶4} The plaintiffs amended their complaint again to name as defendants two Delhi Township law enforcement officers Joe Middendorf and Gary Schlomer, Dungeons of Delhi, Mark Mateikat, and John Doe, and alleged that each of them was involved in the operation of the haunted house. {¶5} The plaintiffs referred to defendants Delhi Township, its trustees, its law enforcement officers Middendorf and Schlomer, and John Doe collectively as “Delhi.” The plaintiffs alleged that Mark Mateikat was the father of Matt Mateikat. They alleged that defendant Dungeons of Delhi (“Dungeons”) was an unincorporated 2 OHIO FIRST DISTRICT COURT OF APPEALS association of individuals and/or entities that included Delhi, Matt Mateikat, Mark Mateikat, and John Doe. {¶6} The plaintiffs asserted negligence claims against Delhi, Dungeons, Del- Fair, Boy Scouts, Dan Beard Council, and Learning for Life. The plaintiffs asserted a civil assault claim against the same defendants and against Matt Mateikat in his individual capacity. The plaintiffs asserted no claims against Mark Mateikat in his individual capacity; he was solely alleged to be a member of Dungeons. {¶7} In 2015, ...
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