In the case of Carozza v. Lusk, 2022-Ohio-3272, the court held that a city and police officer were immune from liability pursuant to R.C. Chapter 2744 where the officer collided with another driver in an intersection because the officer was responding to an emergency call and his operation of the vehicle did not constitute willful or wanton misconduct nor did the officer act in a wanton or reckless manner.
Here, the driver alleged negligent operation of a motor vehicle by the police officer, who was an employee of the city. The city and police officer raised the affirmative defense of political subdivision immunity under R.C. Chapter 2744. R.C. 2744.02(B)(1)(a) gives the political subdivision a defense to liability when a member of the police department was operating a motor vehicle while responding to an emergency call and that operation did not constitute willful or wanton misconduct. R.C. 2744.03(A)(6) gives a political subdivision employee immunity unless the employee’s acts were outside the scope of employment, or the acts were in a wanton or reckless manner. The appellate court agreed with the city and police officer.
In support of its decision, the appellate court found that the police officer was responding to an emergency call which was within the scope of his employment. The appellate court also found that the police officer did not operate the vehicle willfully or wantonly because he had the emergency lights activated and he slowed down when entering the intersection. Therefore, the court found that the city was immune from liability. Further, the court found that the police officer’s actions did not rise to the level of wanton or reckless, and therefore the police officer was also immune from 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.