Plush v. Cincinnati

Citations

• 164 N.E.3d 1056
• 2020 Ohio 6713

Syllabus

MUNICIPAL – IMMUNITY – R.C. CHAPTER 2744 – R.C. 128.32: In a wrongful-death case alleging that the city's operation of a faulty and inadequate 911 system caused the death of plaintiffs' son, the trial court erred in denying the motion to dismiss as to the city and its employees in their official capacities: the city and its employees were immune from liability under R.C. Chapter 2744 because they were engaged in a governmental function and no exceptions in R.C. 2744.02(B) applied to remove immunity. The R.C. 2744.02(B)(5) exception does not apply where the allegations in the complaint relate to the operation and maintenance of a 911 system: R.C. 128.32(A)(1) expressly imposes liability upon a political subdivision only for misconduct relating to the creation of a 911 system. The R.C. 2744.02(B)(4) exception does not apply where the complaint failed to establish that the death occurred in or on the grounds of buildings used in connection with a governmental function. The trial court properly denied the motion to dismiss as to the employees in their individual capacities: the employees were not entitled to immunity under R.C. 2744.03(A)(6) because the complaint sufficiently alleged that the employees acted in a reckless or wanton manner. [But see DISSENT: The complaint did not sufficiently allege knowledge by the officers that their conduct would in all probability result in injury as required to establish reckless or wanton conduct under R.C. 2744.03(A)(6).]