Political Subdivision Immunity

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Update: This case was settled and a judgment entry of dismissal with prejudice entered September 10, 2020

“R.C. 2744.02(B)(1)(a) makes plain that it is the driver’s conduct and culpability in operating a vehicle—not the political subdivision’s—that determines whether the political subdivision may be held liable under the statute.”

Justice Kennedy, majority opinion

On November 20…

Update: On November 20, 2019, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“If they have no training or inadequate training, to deal with the situation that they find themselves in, and they proceed anyway, knowing that they don’t know what they are doing, how does…

Case Background

In 2004, Charles Ralston was hired as a helper at a wastewater treatment plant owned and operated by the city of North Ridgeville. Though Ralston had a criminal record, at his interview and on his employment application, he was asked only if he had any prior felony convictions. Unbeknownst to the city, Ralston…

On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Hauser v. Dayton Police Dept.,2014-Ohio-3636. In a 4-3 opinion written by Justice French, the Court held that a political subdivision supervisory employee is immune from liability in an employment discrimination claim brought by a departmental underling. Justice O’Donnell…

Further Update: This case was set for a jury trial on August 17, 2015, and settled on August 15.

Update: Read about Chapter III of this case here.

Case Background

In May of 2006, M.H., then a minor, broke his knee in a diving board accident at the Cuyahoga Falls Natatorium and Wellness Center. The…

Update: On December 8, 2014, the Fifth District Court of Appeals affirmed the trial court’s decision denying summary judgment.  So, as predicted below, back to the trial court it goes, again.

Case Background

In 2007, Dale and Grace Burlingame were killed when the van Dale was driving was struck by a fire engine on an…

Update: On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On December 10, 2013, the Supreme Court of Ohio heard oral argument in the case of Anita Hauser v. City of Dayton Police Department, et al., 2013-0291. The issue in this case…

Update: On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On December 10, 2013, the Supreme Court of Ohio will hear oral argument in the case of Anita Hauser v. City of Dayton Police Department,…

Read what happened on remand in this case here.

On July 17, 2013 the Supreme Court of Ohio handed down a merit decision in the case of Vacha v. N. Ridgeville,  2013-Ohio-3020. The case was accepted on both certified conflict and discretionary appeal. The issues in the case are whether R.C. 2744.09(B), an exception…