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Recreation District Granted Statutory Immunity as a Matter of Law for Lack of Physical Defect as Cause of Minor’s Death

In the case of Nonprasit v. Ohio Teaching Family Assn., 2022-Ohio-3685, the Appellate Court held that the Sylvania Area Joint Recreation District (SAJRD) was entitled to statutory immunity under R.C. Chapter 2744 where a minor was fatally injured at a quarry but failed to identify a physical defect on the premises.

Here, the Administratrix of the minor’s estate argued that there was a physical defect on the premises of the quarry due to the quality of the water and positioning of the lifeguard stations, thus stripping SAJRD of its statutory immunity. SAJRD argued that the Administratrix of the minor’s estate did not establish that there was a physical defect on the premises and failed to provide evidence that a physical defect caused the minor’s death. The Court agreed with SAJRD.

In support of its decision, the Court reasoned that it was undisputed that SAJRD was a political subdivision entitled to statutory immunity. The Court explained that the Administratrix of the minor’s estate failed to present evidence of a physical defect at the quarry, as the water quality and positioning of the lifeguard stations did not constitute physical defects, but merely negligence on the part of the quarry’s employees. The Court further explained that the Administratrix of the minor’s estate also failed to provide evidence that showed a physical defect, and not a staffing decision, was the cause of the minor’s death.

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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