In the case of Cook v. Metropolitan Sewer District of Greater Cincinnati, 2022-Ohio-3245, the appellate court held that the trial court erred in sua sponte — i.e., on the trial court’s own accord — holding that the political subdivision did not enjoy the benefits of R.C. Chapter 2744 political subdivision immunity.
Here, the political subdivision argued that the trial court erred in unilaterally undertaking an R.C. Chapter 2744 analysis because the issue of statutory immunity was never raised by either party and, therefore, the trial court’s sua sponte decision to deny the political subdivision the benefits of such immunity denied the parties an opportunity to address the issue. The appellate court agreed.
In support of its decision, the appellate court explained that the trial court deprived the parties of an opportunity to address the issue in any meaningful manner and prevented them from developing the record and presenting evidence.
As an aside, while not addressed in this case, it should be noted that statutory immunity under R.C. Chapter 2744 is an affirmative defense that is waived if not raised.
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.