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· 3/2/2022

Scroggs v. Cincinnati

Citations

  • 185 N.E.3d 674
  • 2022 Ohio 598

Syllabus

SUMMARY JUDGMENT – POLITICAL-SUBDIVISION IMMUNITY – GOVERNMENTAL FUNCTION – TREE MAINTENANCE – R.C. 2744.02(A)(1): The trial court erred in denying defendant city's motion for summary judgment where plaintiff's injury was the result of falling into a hole that was left in a tree lawn on public grounds where a fallen tree had been previously removed by the city therefore, tree maintenance on public grounds is a governmental function, and none of the R.C. 2744.02(B)(2) exceptions to general immunity apply in this instance, the city is entitled to general immunity under R.C. 2744.02(A)(1).

Judges: Bock

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