In the case of Volny v. Portage Cty., 2022-Ohio-338, the Ohio Eleventh District Court of Appeals held that the trial court did not err in denying a county’s governmental immunity-based motion for summary judgment in an action brought by motorcyclists who were injured in an accident on a road that was under construction.
Here, the motorcyclists argued that the road was unfit and unsafe for travel and that the county failed to inspect, maintain, and service the road. The county raised the affirmative defense of political subdivision immunity under R.C. Chapter 2744.
The Court disagreed with the county and reasoned that there was a genuine issue of material fact as to whether the county negligently failed to keep a public road in repair pursuant to R.C. 2744.02(B)(3). The Court also found that the R.C. 2744.03(A)(5) defense to liability – which provides that a political subdivision is immune from liability if the injury resulted from the exercise of judgment or discretion in the use of equipment, supplies, materials, or resources – was inapplicable in this case because the motorcyclists’ injuries were simply caused by the county’s failure to repair a large hole in a construction area and not an exercise of any judgment or discretion in this case.
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.