Pitzer v. Blue Ash

Citations

• 2019 Ohio 2889

Syllabus

SUMMARY JUDGMENT – MUNICIPAL – IMMUNITY: Where plaintiffs sued a firefighter and the city for injuries resulting from an automobile accident with a fire truck on an emergency run, the trial court did not err in granting summary judgment in favor of defendants on the basis of governmental immunity, because plaintiffs failed to plead in their complaint that the firefighter's actions were willful or wanton, and therefore, they were barred from raising the issue on summary judgment, and there was no genuine issue of material fact as to whether the firefighter's conduct was reckless. The trial court did not err in denying plaintiffs' motion to amend the complaint to add another firefighter where the motion was untimely and could not survive a futility review.