In the case Williams v. Cincinnati, 2021-Ohio-3801, the First District Court of Appeals held that the trial court erred in denying a city’s motion for judgment on the pleadings since the city had governmental immunity.
Here, the plaintiff brought a negligence action against the city after the plaintiff tripped and fell on a sidewalk in downtown Cincinnati. The plaintiff alleged that the city negligently removed a traffic signpost because the city failed to remove a piece of the post that remained protruding from the sidewalk, causing the plaintiff to trip and sustain injuries. The city argued that it was immune from liability and moving for judgment on the pleadings. The trial court denied the motion.
The Court of Appeals reasoned that the city was entitled to judgment on the pleadings since the city was immune from liability for claims of negligent maintenance of sidewalks. The Court further reasoned that although there are exceptions to immunity for negligent maintenance of roads, sidewalks do not fall within the definition of public roads and as such, no exception to liability applies.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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