In the case Baker v. Mansfield, 2021-Ohio-2476, the Fifth District Court of Appeals held that a negligence claim for property damage against the city was properly dismissed.
In this case, a property owner sought recovery from the city for water damage caused by a broken water main. The owner argued that the water caused significant damage to the business such that water with approximately four feet of accumulation entered her basement, causing the walls to bulge and foundational bricks to be knocked out of place.
The city argued that it was immune from liability because it was operating in a discretionary manner. The Court of Appeals agreed.
The court reasoned that the city used its discretion in using equipment and materials in its prompt response to the water main break, so it is immune from the negligence claim.
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.