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· 5/5/2022

Garmback v. Cleveland

Citations

  • 2022 Ohio 1490

Syllabus

Political subdivision immunity summary judgment R.C. 2744.02(A) 2744.02(B)(2). Trial court erred in denying summary judgment to City for claims of negligence, negligent infliction of emotional distress, and respondeat superior where appellee failed to establish the elements of a negligence claim opening the City to liability. Further, political subdivisions are not liable for the intentional torts of their employees therefore, the trial court erred in denying summary judgment to appellant on the reckless infliction of emotional distress claim. However, R.C. 2744.02(A) does not apply to breach-of-contract claims therefore, the trial court did not err in denying summary judgment as to that issue.

Judges: Groves

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