Frank v. S.W. Ohio Regional Transit Auth.

Citations

• 2020 Ohio 5497

Syllabus

APPELLATE REVIEW/CIVIL – JURISDICTION – SOVEREIGN IMMUNITY – SUMMARY JUDGMENT – R.C. 2744.02: An appellate court is without jurisdiction to review an order that does not qualify as a final appealable order under R.C. 2744.02(C): the trial court's order allowing plaintiffs to amend their complaint against defendant political subdivision and its employee to include allegations of recklessness did not foreclose the political subdivision's ability to demonstrate alleged immunity, and therefore, it was not a final order. The trial court did not err in denying summary judgment to an employee of a political subdivision where genuine issues of material fact as to whether the employee acted recklessly precluded summary judgment. The trial court did not err in denying summary judgment to a political subdivision where the political subdivision did not meet its burden on summary judgment to establish affirmative defenses to an exception to the general grant of immunity to reinstate sovereign immunity.