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City Not Entitled to Immunity Where Factual Questions Exist Regarding Negligent Performance of Proprietary Functions

In Cleveland Elec. Illuminating Co. v. City of Cleveland, 2020-Ohio-4469, 2020 Ohio App. LEXIS 3332, an Ohio court of appeals affirmed the decision of the common pleas court to deny the city’s motion for summary judgment under Civ.R. 56(C) because genuine issues of material fact existed regarding breach of duty and cause of damage. The court of appeals concluded that the city was not entitled to judgment as a matter of law that it was immune from suit, because factual questions remained regarding the city’s alleged negligent performance of proprietary functions, pursuant to 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.

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