Fried, Admin. v. Friends of Breakthrough Schools

Citations

• 2020 Ohio 4215

Syllabus

Political Subdivision Tort Liability Act R.C. Chapter 2744 Civ.R. 12(B)(6) de novo intentional torts negligence political subdivision immunity governmental function proprietary function. The trial court erred in denying defendant political subdivision's Civ.R. 12(B)(6) motion to dismiss based on R.C. 2744.02 immunity. There is no exception to political subdivision for intentional torts. Plaintiffs-appellees failed to plead facts establishing that immunity from their negligence claims was barred by one of the enumerated exceptions in R.C. 2744.02(B). The political subdivision was engaged in a governmental function, and the injury did not occur on the political subdivision's property as a result of a physical defect in their property.