In the case of Anderson v. Westlake, 2021-Ohio-4582, the Ninth District Court of Appeals affirmed the trial court’s decision that police officers were immune from a suit alleging willful and/or reckless conduct by the officers within the scope of their employment.
Here, the plaintiffs alleged that police officers were responsible for their serious physical injuries resulting from the pursuit of a suspect in a stolen vehicle that ended when the suspect drove over stop sticks placed by the police, lost control of the vehicle, and crashed directly into the tavern which the plaintiffs were inside of. The police officers responded that they were immune based on political subdivision immunity, pursuant to R.C. 2744.02(A). The trial court agreed.
The Court of Appeals reasoned that the plaintiffs failed to allege that the officers’ operation of their cruisers constituted willful misconduct. Therefore, the relevant exception to political subdivisions’ general immunity, which provides that police officers are not liable for the negligent operation of a motor vehicle when responding to an emergency call, unless their operation of the vehicle constitutes willful or wanton misconduct, did not apply.
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.