Austin v. Warrensville Hts.

Citations

• 176 N.E.3d 67
• 2021 Ohio 1950

Syllabus

Negligence Civ.R. 12(C)/motion for judgment on the pleadings R.C. Chapter 2744/immunity duty of care. Appellants failed to show that the city employee function was proprietary and not governmental thereby failing to establish an exception for immunity under R.C. Chapter 2744 existed. The special assessment inured a pecuniary interest to the homeowners of the city, including appellants and not to the city. Appellants failed to show that a fiduciary-like or legal relationship existed between appellants and appellee appellee therefore had no duty to appellants. The trial court's grant of appellee's motion for judgment on the pleadings was proper.