David v. Matter
96 N.E.3d 1012
| Ohio Ct. App. | 2017Background
- In 2010 two Bellevue police officers (Matter and Lawson) shot and killed James David, Sr.; his spouse, Karen David (appellee), sued in wrongful death and pleaded negligent infliction of emotional distress (NIED) as a bystander.
- Appellants moved for partial judgment on the pleadings under Civ.R. 12(C), arguing R.C. Chapter 2744 grants them statutory immunity from negligence claims, so the NIED claim must be dismissed.
- Appellee opposed, arguing the complaint also alleges the officers acted recklessly (an exception to employee immunity under R.C. 2744.03(A)(6)(b)).
- The trial court denied the motion, finding allegations of reckless conduct in the general allegations of the complaint sufficiently pleaded to overcome immunity.
- The court of appeals affirmed, holding a bystander's NIED claim may proceed against a public-employee defendant only if the complaint also alleges the employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner; pleading recklessness within the complaint sufficed here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a bystander may plead negligent infliction of emotional distress against a public-employee otherwise immune under R.C. 2744 unless she pleads reckless/intentional conduct | David: NIED can proceed because complaint alleges officers acted recklessly, which negates statutory immunity | Officers: NIED is a negligence claim and is barred by R.C. 2744.03(A)(6) absent an intentional/reckless tort claim | Court: NIED is permissible against an immune employee only if pleaded with one of the higher culpability standards in R.C. 2744.03(A)(6); allegations of recklessness in the complaint were sufficient to deny the 12(C) motion |
Key Cases Cited
- Pontious v. Petland, 75 Ohio St.3d 565 (1996) (standard for Civ.R. 12(C) judgment on the pleadings)
- Anderson v. City of Massillon, 134 Ohio St.3d 380 (2012) (definition of reckless conduct and employee immunity framework under R.C. 2744.03(A)(6))
- Cramer v. Auglaize Acres, 113 Ohio St.3d 266 (2007) (employee immunity unless acts are malicious, in bad faith, wanton, or reckless)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (1994) (mere negligence allegations insufficient to defeat statutory immunity)
- Phung v. Waste Mgmt., Inc., 71 Ohio St.3d 408 (1994) (elements of intentional/reckless infliction of emotional distress)
- Russ v. TRW, Inc., 59 Ohio St.3d 42 (1991) (relationship between intentional/reckless and negligent infliction of emotional distress)
- Argabrite v. Neer, 149 Ohio St.3d 349 (2016) (employee entitlement to statutory immunity is distinct from plaintiff's claim elements)