Republished from OACTA 2012 Fall Quarterly. The exception to a political subdivision’s immunity under R.C. §2744.02(B)(4) – often referred to as the “physical defect exception” – has been a consistent source of confusion and varying interpretations.  The R.C. §2744.02(B)(4) physical … Continue reading »

The Supreme Court of Ohio recently held that the standards for willful, wanton, and reckless misconduct are not interchangeable. Anderson v. City of Massillon, Slip Opinion No. 2012-Ohio-5711.  In doing so, the high court clarified when a political subdivision or … Continue reading »

In a 6-1 decision, the Supreme Court of Ohio held that a civil “claim based on a failure to upgrade is a claim based on a failure of design and construction, for which political subdivisions enjoy immunity.”  Coleman v. Portage … Continue reading »

What constitutes a physical defect under the R.C. 2744.02(B)(4) political subdivision immunity exception is a legal issue that has become more prevalent due to the Ohio Supreme Court’s decision in Moore v. Lorain Metropolitan Housing Authority, 2009-Ohio-1250.   The R.C. 2744.02(B)(4) … Continue reading »

Under Ohio’s Political Subdivision Tort Liability Act, Ohio political subdivisions (government organizations such as counties, cities, etc.) can be held liable for damages to persons or property only when they are caused in one of five specific ways. R.C. §2744.02.  One of … Continue reading »

One important part of my practice involves providing clients and industry professionals with periodic updates on legal issues of concern to them.  I recently had an opportunity to provide just such an update to a group of folks in San … Continue reading »

Ohio’s Political Subdivision Tort Liability Act broadly bars intentional tort claims against political subdivisions. But, that almost absolute immunity may not apply when an employee asserts the same claim against his or her employer, according to the Supreme Court of … Continue reading »

Public entities should closely watch the Supreme Court of Ohio this year. The high court has a full docket of cases that may dramatically affect the tort liability of these entities when they operate recreational areas, provide sewer services, offer … Continue reading »

When someone sues City Hall or its employees, the battle typically goes like this. The plaintiff wants to get to trial.  The municipal defendant (called a “political subdivision”) wants to stop the case before it goes to trial, usually by … Continue reading »

The Third District Court of Appeals unanimously affirmed the dismissal of the Village of Bettsville and its lifeguard in a drowning case at a public swimming area. Contrerez v. Village of Bettsville (3rd Dist), 2011-Ohio-4178.  MRR served as trial and appellate … Continue reading »