Economus v. Independence

Citations

• 151 N.E.3d 1046
• 2020 Ohio 266

Syllabus

Summary judgment immunity negligence storm sewer system duty maintain R.C. 2744.01(G)(2)(d) R.C. 2744.02(B)(2) R.C. 2744.03(A)(5) discretionary creek retention basin pipe right of way sediment drainage ditch easement purchase agreement hold harmless indemnify city third-party beneficiary R.C. 2744.03(A)(6)(b) employee reckless bad faith punitive damages attorney fees R.C. 2744.05(A). Reversed the trial court's decision to grant summary judgment in favor of the city upon finding there are genuine issues of material fact concerning whether the storm sewer-drainage ditch easement area in the subdivision and/or the retention basin on plaintiffs' property are part of the city's storm sewer system and, if so, as to whether the city exercised ordinary care in maintaining and repairing the storm sewer system. Affirmed the trial court's decision to grant summary judgment in favor of city engineer on plaintiffs' claim of individual liability upon finding he is entitled to immunity under R.C. 2744.03(A)(6)(b). Affirmed the denial of the claim for punitive damages and attorney fees.