In the case Honek v. Chidsey, 2021-Ohio-3816, the Eighth District Court of Appeals held that the trial court erred in denying the city’s motion for summary judgment when the city was immune from liability.
Here, plaintiffs brought an action against the city of Parma Heights alleging that the city was negligent in the planning and organization of a summer concert event which led to injuries and death of multiple individuals in attendance. The city moved for summary judgment, arguing that it was entitled to political subdivision immunity. The trial court denied the city’s motion for summary judgment.
The Court of Appeals reasoned that although hosting the concert was a proprietary function of the city, the city only owed the plaintiffs the duty to refrain from willful, wanton, or reckless conduct that was likely to injure them since the plaintiffs were licensees. Since the court found that the plaintiffs were attending the concert for their own pleasure and no evidence was provided to show that the city acted recklessly, the city was entitled to summary judgment and immunity from liability.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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