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.
Judges: Boyle
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2 cases in this archive cite this case.
Cites
16 cases in this archive are cited by this case.
- Dresher v. BurtOhio Supreme Court· 1996-03-06· cited 7,689×
- Village of Grafton v. Ohio Edison Co.Ohio Supreme Court· 1996-11-13· cited 3,715×
- State ex rel. Cassels v. Dayton City School District Board of EducationOhio Supreme Court· 1994-05-04· cited 435×
- Cater v. City of ClevelandOhio Supreme Court· 1998-08-19· cited 375×
- Colbert v. City of ClevelandOhio Supreme Court· 2003-07-09· cited 185×
- Cash v. City of CincinnatiOhio Supreme Court· 1981-06-10· cited 129×
- Smith v. McBrideOhio Supreme Court· 2011-09-20· cited 121×
- Lambert v. ClancyOhio Supreme Court· 2010-04-08· cited 111×
- Jenkins v. Ohio Dept. of Rehab. & Corr.Ohio Court of Appeals· 2013-11-19· cited 60×
- Howard v. Miami Township Fire DivisionOhio Supreme Court· 2008-06-18· cited 60×
- Todd v. ClevelandOhio Court of Appeals· 2013-01-17· cited 18×
- Wilson v. ClevelandOhio Court of Appeals· 2012-09-20· cited 10×
- Crabtree v. CookOhio Court of Appeals· 2011-11-01· cited 10×
- Meyer v. DaytonOhio Court of Appeals· 2016-12-09· cited 9×
- Gomez v. ClevelandOhio Court of Appeals· 2012-04-12· cited 7×
- Bradshaw v. New Vill. Corp.Court of Appeals of Ohio, Eighth District, Cuyahoga County· 2018-02-22· cited 1×
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