In the case of Garmback vs. Cleveland, 2022-Ohio-1490, the Court held that misplacing a headstone in a cemetery did not strip a City of its governmental immunity under R.C. Chapter 2744.
Here, the sister of the deceased argued that the City was negligent in misplacing the headstone of her brother. The City raised the affirmative defense of political subdivision immunity under R.C. Chapter 2744. The Court agreed with the City.
In support of its conclusion, the Court reasoned that operating a public cemetery is a proprietary function for which the city is entitled to immunity. The Court further explained that, despite the emotional toll mistakes can cause during and after the burial of a loved one, misplacing a headstone is not actionable negligence as a matter of law and, as such, the city was entitled to immunity.
As a side note, immunity for a political subdivision does not apply in regard to contract claims. Thus, the claimant may still seek to recover damages under contract liability.
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.