Maternal Grandmother v. Hamilton Cty. Job & Family Servs.

Citations

• 154 N.E.3d 225
• 2020 Ohio 1580

Syllabus

GOVERNMENTAL IMMUNITY – R.C. CHAPTER 2744 – JUDGMENT ON THE PLEADINGS – TWP/COUNTY/STATE: Where a child was returned to her parents' custody where she died, the trial court properly granted the motion for judgment on the pleadings filed by Hamilton County, the Hamilton County Commissioners, and the Hamilton County Department of Job and Family Services in a wrongful-death case in which the claimants failed to allege sufficient facts to establish that the agency defendants were not entitled to immunity pursuant to R.C. 2744.02. The trial court properly granted the motion for judgment on the pleadings filed by employees of the Hamilton County Department of Job and Family Services in a wrongful-death case where the claimants failed to allege specific facts, offering only general allegations, to establish that the employees were not entitled to immunity pursuant to R.C. 2744.03(A)(6). [But see DISSENT: The amended complaint alleged sufficient facts to establish that the employees ignored significant evidence of pervasive abuse such that the amended complaint sufficiently supports the allegation that the employees acted in a wanton or recklessly manner, which would reimpose liability pursuant to R.C. 2744.03(A)(6).]