2013 Ohio 2372
Ohio Ct. App.2013Background
- Ashley Artim, a nonverbal adult with cerebral palsy and seizure disorder, suffered a broken left femur during a positioning session at LCBDD's Elyria Workshop.
- Ron Fleming, an LCBDD employee, led the positioning room where Ashley was treated using transfer devices.
- The incident occurred March 19, 2010; Ashley was moved from wheelchair during a 30-minute therapy session.
- Artims sued LCBDD and Fleming for personal injury and loss of consortium.
- LCBDD and Fleming moved for summary judgment on statutory immunity; trial court denied, appellate review ensued.
- Record contained conflicting testimony on whether Fleming performed the transfer in a negligent, wanton, or reckless manner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fleming acted wantonly or recklessly; denial of immunity. | Artims contend Fleming consciously disregarded known risks. | Fleming argues no conscious knowledge of injury probability; policy violation alone insufficient. | Genuine issue of material fact on wanton/reckless conduct. |
| Whether LCBDD is immune under 2744.02(A)(1) due to lack of physical defect. | Artims assert defect in premises caused injury; policies not a defect. | No physical defect; immunity applies. | LCBDD entitled to judgment as a matter of law on immunity. |
Key Cases Cited
- Anderson v. City of Massillon, 134 Ohio St.3d 380 (2012-Ohio-5711) (defines wanton and reckless conduct; policy violations relevant but not per se willful)
- Moss v. Lorain Cty. Bd. of MRDD, 185 Ohio App.3d. 395 (2009-Ohio-6931) (immunity standards for subdivision employees)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standard)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (reciprocal burden on movant and nonmovant)
- Anderson v. Massillon (syllabus), 134 Ohio St.3d 380 (2012) (see above for wanton/reckless definitions (syllabus))