In the case Bowersock v. Addlesburger, 4th Dist. Washington No. 19CA13, 2019-Ohio-5447, an Ohio appellate court held that a firefighter in a personal vehicle responding to an emergency call with the right of way and clear visibility will generally not constitute an exception to the statutory immunity afforded to both political subdivisions and political subdivision employees.
In this case, a firefighter hit a pedestrian’s vehicle at an intersection while driving the firefighter’s personal vehicle on an emergency call. The pedestrian sued the fire department and the firefighter arguing that statutory tort immunity under R.C. Chapter 2744 did not apply because the firefighter’s used a personal vehicle that had not undergone an annual inspection and had a defective siren. As a result, the pedestrian argued that using the personal vehicle constituted wanton misconduct, which is an exception to statutory immunity under R.C. 2744.02(B)(1)(b).
The Ohio appellate court held that using a personal vehicle that had not undergone an annual inspection and had a defective siren did not constitute wanton misconduct because the firefighter was responding to a fire and had the right of way on the road.
To read more about 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 like the 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.