In the case Economus v. City of Independence, 8th Dist. Cuyahoga No. 107713, 2020-Ohio-266, an Ohio appellate court held that, if there is a question of fact as to whether a drainage system is part of a political subdivision’s sewer system, granting summary judgment on the basis of statutory immunity is wrong.
In this case, a creek became filled with debris and thus flooded and damaged a homeowner’s property. The homeowner sued claiming that the exception to political subdivision immunity for negligent performance of proprietary function applied under R.C. 2744.02(B)(2). The political subdivision responded by claiming that the creek was not a part of its sewer system or, in the alternative, that it was not negligent in maintaining that sewer system.
The Ohio appellate court held that there was a question of fact as to whether the creek was a part of the sewer system; thus, summary judgment was wrongly granted in the lower court. The Ohio appellate court further held that maintaining a sewer system is not a discretionary act and that normal negligence in maintaining the system can create 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 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.