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· 8/1/2019

Smith v. Euclid

Citations

  • 2019 Ohio 3099

Syllabus

Motion for summary judgment Civ.R. 56 political subdivision immunity R.C. Chapter 2744 breach of easement contract interlocutory appeal. Judgment affirmed. R.C. Chapter 2744 does not apply to contract claims against a political subdivision. As a result, we do not have jurisdiction to review the breach of easement-contract claim in the interlocutory appeal. Genuine issues of material fact exist as to whether the City exercised ordinary care in its repair of the sinkhole. Therefore, the court's denial of the City's motion for summary judgment was proper.

Judges: Kilbane

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