In the case of Mauntel v. Norwood, 2018-Ohio-4756, an Ohio appellate court held that a political subdivision is immune from liability for injury, death, or loss to person or property caused by the negligent failure to repair roadside curbs.
As we previously blogged about here, this case involves political subdivision immunity when carrying out a “governmental function.” While Ohio law provides several exceptions to immunity, including liability for negligently failing to keep public roads in good repair (R.C. 2744.02(B)(3)), this appellate court determined that “the raised edge or curb is part of the berm or shoulder and not part of the public road” and, therefore, is not included within the exception set forth in R.C. 2744.02(B)(3). Mauntel at ¶ 19. As a result, an argument can be made that a political subdivision is not liable for injury, death, or loss to person or property caused by negligent failure to repair roadside curbs.
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.