Cleveland Elec. Illum. Co. v. Cleveland

Citations

• 2020 Ohio 4469

Syllabus

Summary judgment, negligence, genuine issue of material fact, political-subdivision immunity, R.C. 2744.02(B)(2), circumstantial evidence. The city of Cleveland is not entitled to summary judgment based on political-subdivision immunity for the plaintiff's tort claim. A genuine dispute of material fact exists as to whether the city breached its duty to CEI and whether the city's excavation work damaged the plaintiff's electrical duct and cable. There is thus a dispute as to whether the city negligently performed a proprietary function.