Berner v. New Leaf Residential Servs., Inc.

Citations

• 2024 Ohio 1788

Syllabus

Motion to dismiss Civ.R. 12(B)(6) political subdivision immunity R.C. Chapter 2744 de novo review four corners of the complaint exception to immunity physical defect of building notice pleading sufficient operative facts. The trial court did not err in denying CCBDD's motion to dismiss pursuant to Civ.R. 12(B)(6) because both the amended complaint and the crossclaim alleged sufficient facts under which they might plausibly demonstrate that the R.C. 2744.02(B)(4) exception to immunity was applicable.