In the case of Goebel v. Minster, 2022-Ohio-883, the Appellate court held that the Village of Minster was entitled to political subdivision immunity under R.C. Chapter 2744 for its reconstruction of the village’s sewer system that caused flooding and substantial damage to the landowners’ homes.
Here, the landowners argued that the village’s employees were negligent in the proprietary functions of maintenance, destruction, operation, and upkeep of its sewer system. The village argued that it was entitled to immunity as a political subdivision performing a “governmental function.” Political subdivisions are generally immune from the negligent performance of both government and proprietary functions unless an exception applies. However, even if one of the listed exceptions revokes immunity, the political subdivision may still “restore” its immunity by claiming a defense to the exception. The Court agreed with the village.
In support of its decision, the Court explained that the statute expressly defines the reconstruction of a sewer system as a governmental function. Furthermore, the Court entertained that even if the village had performed a “proprietary function” as defined under the statute, Minster’s immunity would have been restored under the R.C. 2744.03(A)(5) defenses because Minster did not perform its duties in bad faith or in a “wanton or reckless manner.”
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.