In the case Schlegel v. Summit Cty., 2021-Ohio-3451, the Ninth District Court of Appeals held that the county has immunity from a property owner’s negligence claim regarding a drainage ditch near the property owner’s home.
Here, the property owner alleged the county was negligent in the performance and provision of a proprietary function. The county argued that the ditch and culverts at issue were not a sewer system and even if they were, the county was still subject to immunity. The Court of Appeals agreed.
The Court reasoned that the property owner did not include evidence to demonstrate an issue of material fact in the lower court regarding what constitutes a sewer system. As such, the Court held that the county was immune from any negligence action.
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.