Nadrowski v. Cleveland

Citations

• 2022 Ohio 3232

Syllabus

R.C. Chapter 2744 political subdivision liability, R.C. 2744.01 immunity, R.C. 2744.02(B) exceptions to immunity, R.C. 2744.02(B)(3) negligent failure to repair public roadways actual notice constructive notice two-inch rule sidewalk. Judgment affirmed. The trial court's grant of summary judgment in favor of the City is proper. Plaintiff failed to set forth sufficient facts to create a genuine issue as to the City's negligence. Plaintiff could not clearly identify where she fell or what caused her to fall. Furthermore, the photographs on which she relies to establish a defect in the street were taken either four or twenty-one months after the incident. There is no evidence in the record indicating that the City knew the street needed repair or that the City had knowledge of a faulty condition. Rather, the evidence demonstrates that the City inspected the street days prior to the incident and did not observe any elevation difference in the street. An amendment to R.C. 2744.02(B)(3), which became effective in April 2003, removed sidewalks from the list of immunity exceptions. As a result, there are no exceptions in R.C. 2744.02(B) that impose liability on a city for damages caused as a result of a failure to maintain a city sidewalk in a safe condition.