Fry v. Cincinnati

Citations

• 2022 Ohio 1248

Syllabus

CIV.R. 12(B)(6) — IMMUNITY — R.C. 2744.02(B)(4): The trial court erred by denying the city's Civ.R. 12(B)(6) motion to dismiss where plaintiff's complaint failed to state a claim upon which relief could be granted against the city: taking the allegations of plaintiff's complaint as true, plaintiff failed to allege that her injury occurred within or on the grounds of a building used in connection with a governmental function, sufficient to establish the second requirement of the R.C. 2744.02(B)(4) physical-defect exception, so the exception did not apply to remove the city's general grant of immunity under R.C. 2744.02(A)(1).