In the case of Eikenberry v. Municipality of New Lebanon, 2021-Ohio-453, the Ohio Second District Court of Appeals held that New Lebanon was immune from negligence claims under R.C. 2744.01(F) for the implementation of a new sewer system resulting in appellant’s injury because the new sewage system was deemed reconstruction as opposed to maintenance.
The individual argued that the city’s actions in updating the sewage system fell under R.C. 2744.02, because it was a proprietary function, while the city argued immunity under R.C. 2744.01(F) because the installation of the new sewer system was a governmental function.
The court ruled in favor of the city holding that the installation of a new sewer system was a reconstruction of the old system and because the city was upgrading as opposed to maintaining the old system, the city possessed a large amount of discretion during the project, and the funding came from a grant for improving or upgrading capital.
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.