Honek v. Chidsey

Citations

• 182 N.E.3d 6
• 2021 Ohio 3816

Syllabus

Summary judgment political subdivision immunity R.C. Chapter 2744 proprietary function outdoor concert city property negligence licensee duty reckless wanton willful foreseeable injury. - Trial court erred in denying the city's motion for summary judgment based on R.C. Chapter 2744 political subdivision immunity. A city hosting an outdoor concert on city property is engaging in a proprietary function. The attendees of the concert were deemed licensees thus owed a duty from willful, wanton, or reckless conduct that is likely to cause injury. It was unforeseeable that an errant driver would drive through the wooden barriers causing serious and fatal injuries to the concert attendees. No genuine issue of material facts exists demonstrating that the city breached its duty of care.