Subscribe to School Law Newsletter
Close Window

A Community Festival May Constitute a Proprietary Function for Statutory Immunity Purposes

In the case of Clemons v. Cardington, 2022-Ohio-513, the Ohio Fifth District Court of Appeals held that the trial court properly denied a village’s political subdivision immunity-based motion for summary judgment where an attendee of a festival operated by the village was injured by stepping on a catch basin set in crumbling pavement.

Here, the village argued that the attendee failed to establish a genuine issue of material fact as to whether the village was entitled to political subdivision immunity from tort liability. The Court disagreed.

The Court reasoned that a genuine issue of material fact existed as to whether the village’s level of participation in the operation of the festival rose to the level of a proprietary function as defined in R.C. 2744.01(G)(1) because the village blocked off roadways for use during the festival, cleaned up before and after the festival, and provided on-duty police and EMS on standby. If the village was performing a proprietary function and was negligent, the village would not be entitled to political subdivision immunity under R.C. 2744.02(B)(2).

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.