In the case of Goebel v. Village of Minster, 2020-Ohio-5467, an Ohio Appeals Court held that the Village of Minster was not immune from liability when its negligent removal of a sewer system caused damage to the landowner’s homes.
In this case, the village argued it is a political subdivision immune from liability from the negligence claim brought by the landowners. The landowners assert that the village negligently created a “trench box” to stop water when removing the sewer system and due to this negligence, flooding caused the pumps to stop working and flooded the landowner’s homes.
The Court found that although the village is a political subdivision, the destruction of the sewer system was a proprietary rather than governmental function and it is therefore not immune, and that the actions of the village were a conscious disregard of the “obvious risk of harm to the property of others.”
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.