Bledsoe-Baker v. Trotwood

Citations

• 2019 Ohio 45

Syllabus

The trial court did not err when it overruled appellant's motion for summary judgment on its political subdivision immunity. The appellees adduced evidence establishing the existence of a genuine issue of material fact regarding whether the appellant was negligent for the manner in which it chose to clear the blockage from the sewer line which allegedly resulted in a sewage backup in the appellees' basement. Furthermore, the appellant's decision to force water into the sewer line with the Jet-Vac truck was not a discretionary decision pursuant to R.C. 2744.03(A)(5), because the appellant provided no evidence of any specific decision that it made regarding its alleged negligence that involved weighing alternatives or a high degree of official judgment or discretion. Thus, we conclude that the trial court did not err in determining that genuine issues of material fact exist and that the appellant was not entitled to summary judgment as to the issue of immunity. Judgment affirmed.