Clemons v. Cardington

Summary

The Ohio Fifth District Court of Appeals affirmed the denial of the Village of Cardington’s motion for summary judgment in a premises-related personal injury action. The court held that genuine issues of material fact existed regarding whether the Village’s participation in operating a festival constituted a proprietary function and whether its employees’ negligence caused the plaintiff’s injuries under Ohio’s political-subdivision-immunity statute. The court declined to address the applicability of the public-road exception under R.C. 2744.02(B)(3).

Holdings

1. The evidence, viewed in Clemons's favor, created a genuine issue of material fact as to whether the Village's participation in coordinating and operating the festival rose to the level of a proprietary function. The denial of summary judgment was therefore proper on this issue.
2. The evidence, viewed in Clemons's favor, created a genuine issue of material fact as to whether the Village had notice of the catch-basin defect and whether negligence by Village employees performing a proprietary function caused Clemons's injuries.
3. The court declined to address the Village's argument concerning R.C. 2744.02(B)(3) because the disposition of the first and third assignments of error made it unnecessary to reach the issue.

Questions Presented

1. Whether the record presented a genuine issue of material fact as to whether the Village's participation in coordinating and operating the festival constituted a proprietary function under Ohio's political-subdivision-immunity statute.
2. Whether the record presented a genuine issue of material fact as to whether the alleged negligence of Village employees performing that function caused Clemons's injuries.
3. Whether the trial court was required to analyze the exception to immunity under R.C. 2744.02(B)(3).

Disposition

affirmed