In the case of Alcus v. Bainbridge Twp., 11th Dist. Geauga No. 2019-G-0205, 2020-Ohio-543, an Ohio appellate court held that parking a backhoe on non-public grounds is not a governmental function but is a proprietary function.
In this case, a township employee parked a backhoe on service premises that fell over injuring a man and damaging a car. The injured man sued the township arguing that the township was not entitled to political subdivision immunity under R.C. Chapter 2744 because the exception for a government employee negligently performing a proprietary function applied under R.C. 2774.02(B).
The Ohio appellate court held that parking the backhoe on service premises was a proprietary function because service premises are non-public grounds and thus parking on them does not constitute a governmental function.
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 like the 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.