Formoso v. Parma Hts.

Citations

• 2026 Ohio 2189

Syllabus

Motion to dismiss, Civ.R. 12(B)(6), political-subdivision immunity, sui juris, R.C. 2744.02, R.C. 2744.03, motor-vehicle exception. The court did not err in denying a motion to dismiss concerning a city and emergency medical personnel's individual liability concerning the death of an individual who was run over by an ambulance after it had completed a welfare check. The court, however, erred in denying a motion to dismiss concerning the city police and fire departments, because they cannot be sued as separate entities. The court also erred in denying a motion to dismiss against police officers in their individual capacity because the allegations against them, even if proven true, are insufficient to avoid immunity.