Rooney v. Ohio State Hwy. Patrol

Citations

• 2017 Ohio 1123

Syllabus

A wrongful death claim in the Ohio Court of Claims for negligence by the Ohio State Highway Patrol for not dispatching a patrol car at the request of a local police dispatcher, does not overcome the state's R.C. 2743.02(A)(3)(a) immunity on a Civ. R. 12(B)(6) motion to dismiss when the complaint lacks sufficient facts to establish the four elements required to create a special duty between the Patrol and the decedent who was hit by an intoxicated driver whose visibly dangerous driving had been called in for police intervention prior to the accident. Judgment affirmed.