Carozza v. Lusk

Citations

• 197 N.E.3d 603
• 2022 Ohio 3272

Syllabus

Willful or wanton misconduct by officer would allow the city, as a political subdivision to be held liable under R.C. 2744.02(B)(1)(a). Wanton or reckless behavior by officer would allow officer to be held personally liable as an employee of a political subdivision under R.C. 2744.03(A)(6)(b). Demonstrating either wantonness or recklessness is subject to a high standard. Although the determination of wantonness or recklessness is typically within the province of the jury, summary judgment is appropriate in instances where the individuals' conduct does not demonstrate a disposition to perversity. Where officer slowed substantially as he approached the intersection and had at minimum his emergency lights activated, there was no evidence that his conduct rose to the level of recklessness contemplated by the statute.