Johnson v. Cincinnati Metro. Hous. Auth.

Citations

• 2022 Ohio 26

Syllabus

R.C. 2744.02—POLITICAL SUBDIVISION IMMUNITY—PHYSICAL DEFECT—APPELLATE REVIEW/CIVIL—APP.R. 16(B)—APP.R. 18(C): The trial court did not err in denying summary judgment on the issue of immunity of a political subdivision from a negligence claim where genuine issues of material fact existed as to whether a loose rubber mat on a stair constituted a physical defect under R.C. 2744.02(B)(4). Where the plaintiff-appellee fails to present any argument in response to arguments raised on appeal by defendant-appellant political subdivision in two assignments of error concerning immunity of a political subdivision from violations of the Landlord-Tenant Act, the appellant's brief reasonably sustains reversal of the trial court's decision on those claims when the Ohio Supreme Court has established that claims for violations of the Landlord-Tenant Act cannot proceed under R.C. 2744.02(B)(5).