Frederico v. 1795 Spino Dr., L.L.C.

Citations

• 2026 Ohio 1380

Syllabus

Civ.R. 12(B)(6); motion to dismiss; political subdivision tort immunity, R.C. 2744.02(B)(3). Judgment reversed. The trial court erred by denying the city's Civ.R. 12(B)(6) motion to dismiss on immunity grounds. Plaintiff did not allege facts in his complaint to demonstrate that the tree was an obstruction on the roadway that blocked or clogged the roadway. Thus, the plaintiff failed to allege facts that an exception under R.C. 2744.02(B)(3) to the city's general grant of immunity applied.