In the case of Callaway v. The Akron Police Department, 2021-Ohio-4412, the Ninth District Court of Appeals held that summary judgment in favor of the defendant was an error in a plaintiff’s negligence action.
Here, the plaintiff argued that the defendants were negligent after the plaintiff suffered injuries when a police dog bit the plaintiff while the defendants were apprehending a suspect in the plaintiff’s apartment. The defendants moved for summary judgment, which the trial court granted.
The Court of Appeals reasoned that although the defendants were partaking in a governmental function during the incident, there was a genuine issue of material fact surrounding whether the police dog was released into the plaintiff’s apartment without warning and whether the defendant’s actions were wanton or reckless, thereby constituting an exception to immunity.
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.