In the case of Scroggs v. Cincinnati, 2022-Ohio-450, the Ohio First District Court of Appeals held that a city was immune from a citizen’s negligence claim when the citizen was allegedly injured by falling into a hole left by uprooting a tree in the area between the sidewalk and street – i.e., the tree lawn.
Here, the city argued that it was entitled to political subdivision immunity. The Court agreed. In support of its decision that the city was immune from liability, the Court explained that city was immune from immunity pursuant to R.C. 2744.02(A)(1) because the maintenance and removal of trees on public grounds falls under the definition of governmental function set forth in R.C. 2744.01(C)(2)(e).
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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