Pakeer v. Cleveland

Citations

• 2023 Ohio 4213

Syllabus

R.C. 2744.02(B)(1)(c) political subdivision immunity ambulance motor vehicle accident summary judgment wanton misconduct. Reversed. The city and its employee failed to demonstrate the absence of genuine issues of material fact upon the question of their immunity from liability for the injuries sustained by the plaintiff. Under R.C. 2744.02(B)(1), the City may be liable for the negligent operation of a motor vehicle by its employees unless the City can demonstrate, in part, that the operation of the vehicle did not constitute willful or wanton misconduct under subdivision (B)(1)(c). Because the plaintiff presented some evidence upon which the trier of fact could reasonably conclude that the city's employee's operation of the ambulance constituted wanton misconduct, the trial court erred in granting summary judgment in favor of the city and its employee.