In the case of James v. New Middletown, 2022-Ohio-4754, the appellate court held that the R.C. 2744.02(B)(2) “proprietary function” exception did not apply to the statutory immunity granted to the village under R.C. Chapter 2744 for flooding damage to a homeowner’s basement because the homeowner failed to produce any evidence that the village either (1) owned and/or maintained the broken pipe system at issue or (2) knew and/or reasonably should have known that the pipe system was faulty to the extent such system was owned and/or maintained by the village.
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Authors: Matthew John Markling and the McGown & Markling Team.
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