Shannack v. Yark Automotive Group, Inc.

Civ.R. 56; motion for summary judgment; University of Toledo Athletic Department; athletics; negligent misrepresentation; promissory estoppel; negligence; discretionary immunity. In an action where plaintiff was removed from University of Toledo's women's soccer team, the court found that defendant was entitled to discretionary immunity for the decision to remove plaintiff from the team. Defendant was entitled to summary judgment on plaintiff's claim for negligent misrepresentation because plaintiff failed to demonstrate that defendant supplied false information to plaintiff that the document plaintiff signed was a National Letter of Intent, and therefore, plaintiff failed to satisfy all the elements of the claim. Defendant was also entitled to summary judgment on plaintiff's claim for promissory estoppel because the court found that plaintiff's relationship with University of Toledo was contractual in nature, and therefore, the claim failed as a matter of law. Defendant was further entitled to summary judgment on plaintiff's claim for negligence as the court concluded that plaintiff failed to state a prima facie case for the claim since plaintiff pointed to no facts or supportive law that would allow the court to conclude that a duty of care existed to provide a safe team environment free from abuse, harassment, ridicule, embarrassment, and hostility. Judgment for defendant.