In the case of Martin v. Payne, 2021-Ohio-1557, an Ohio Appellate Court held that sovereign immunity protected the Village of Payne from liability because the homeowners must offer more than their own word as evidence of negligence.
In this case, homeowners brought a claim against the Village of Payne for the negligent maintenance, inspection, and upkeep of their sewer system and the claim was dismissed for a failure to put forth evidence other than the homeowner’s opinions. The court reasoned that the village merely losing records regarding the sewer system is not negligent when all other facts indicate otherwise.
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.