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Housing Authority Immune From Liability in Negligence Action

In the case Holimon v. Cincinnati Metro. Hous. Auth., 2021-Ohio-3840, the First District Court of Appeals held that the trial court erred in denying a housing authority’s motion to dismiss where no exceptions to immunity applied.

Here, the tenant brought an action against the housing authority, alleging that the housing authority was negligent in failing to remove mold for the tenant’s apartment building, which allegedly was the cause of death of the tenant’s son. The housing authority moved to dismiss the action, claiming that the housing authority was immune from liability under R.C. 2744.02. The trial court denied the motion to dismiss.

The Court of Appeals reasoned that the housing authority was entitled to a grant of immunity based on its status as a political subdivision since the operation of a public housing authority is a government function. The Court of Appeals further reasoned that no exception to immunity applied here and as such, found that the trial court erred in denying the housing authority’s motion to dismiss.

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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