MRR Law Secures Supreme Court of Ohio Reversal Upholding Immunity for City of Berea

July 2026 / by Frank Scialdone

The Supreme Court of Ohio has reversed a lower-court decision that denied immunity to a public entity, ruling that placing a functional, non‑defective bench with extended legs in a locker room does not constitute a physical defect under R.C. 2744.02(B)(4). In this negligence case, a woman died after tripping over the bench. The City of Berea had sought summary judgment, arguing it was entitled to immunity under the Political Subdivision Tort Liability Act. The woman’s estate maintained that an exception to R.C. 2744.02(B)(4) applied and that the city could be sued.

In Steigerwald v. Berea, MRR Law appellate attorney Frank Scialdone represented the City of Berea. MRR Law successfully reversed the Eighth District Court of Appeals’ decision denying 2744 immunity. The Supreme Court held that evidence of hazards based solely on placement is insufficient; a physical defect requires a tangible imperfection that impairs the object’s function.

“There had been confusion among Ohio courts as to how the immunity exception would be applied. The Eighth District Appellate Court took a broader view, ruling that the bench itself could be deemed not physically defective and still the exception to immunity would apply. The Supreme Court of Ohio disagreed, ruling that the Legislature intended the defect exception to be limited and that the City of Berea was immune as a matter of law,” Scialdone said. “This is a significant ruling for our public entity clients.”

A copy of the Supreme Court’s decision is available at: https://www.courtnewsohio.gov/cases/2026/SCO/0708/241077.asp

MRR is a leading public‑sector defense firm in Ohio, representing counties, cities, villages, townships, and other local and regional agencies. For further consultation on the Steigerwald v. Municipality of Berea ruling or other public‑sector matters, please reach out to the author or another member of our government entity group.

 

Frank Scialdone
Partner
fscialdone@mrrlaw.com