2013 Ohio 4236
Ohio Ct. App.2013Background
- Jill Crafton bought a lot in the Oak Point Subdivision developed with involvement from the City of Moraine and others; a builder constructed her home on that lot.
- A sewer manhole lid was located in the middle of Crafton’s driveway and a fire hydrant in her frontage; Crafton alleges she was not informed of these features at closing.
- Crafton paid to relocate the manhole and sued Moraine to recover relocation costs, alleging negligent sale and negligent design/placement of the manhole and hydrant.
- The trial court dismissed the negligent-sale claim but denied Moraine’s motion to dismiss the negligent-design-and-placement claim; Moraine appealed under R.C. 2744.02(C).
- Moraine contended it is immune under the Political Subdivision Tort Liability Act because placement/design of sewer components and fire hydrants are governmental functions; the court agreed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moraine is immune from Crafton’s negligent-design-and-placement claim under the Political Subdivision Tort Liability Act | Crafton: Moraine acted like a private developer; placement/approval of lot designs and fixtures are activities customarily done by nongovernmental actors, so the proprietary-function exception applies | Moraine: Design, placement, planning, and relocation of sewer manholes and fire hydrants are governmental functions and thus immune from suit | Court held Moraine immune; proprietary-function exception does not apply and claim must be dismissed |
Key Cases Cited
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (review standard on Civ.R. 12(B)(6))
- Coleman v. Portage Cty. Engineer, 133 Ohio St.3d 28 (scope of political-subdivision immunity under R.C. Chapter 2744)
- State ex rel. Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (standards for motion to dismiss under Civ.R. 12(B)(6))
- Landwehr v. Batavia, 173 Ohio App.3d 599 (installation/maintenance of fire hydrants is a governmental function)