Kantorowski v. Seven Hills

Citations

• 2024 Ohio 5810

Syllabus

Summary judgment; political subdivision; city; immunity; R.C. 2744.02(A)(1); proprietary function; maintain; repair; sewer system; detention basin; exception; R.C. 2744.02(B)(2); negligence; proximate cause; basement; property; storm; rain; water; flood; runoff. Affirmed the decision of the trial court that granted the motion for summary judgment of the City of Seven Hills, Ohio, upon finding the city was entitled to political-subdivision immunity. Appellant failed to produce evidence from which to show the city's alleged failure to maintain a detention basin in its sewer system was the proximate cause of the flooding to appellant's property. Because there was no evidence that the detention basin overflowed during the rain storm and flood event, appellant could not establish that the R.C. 2744.02(B)(2) exception to the general grant of immunity applied.