Frenz v. Springvale Golf Course & Ballroom
2012 Ohio 3568
Ohio Ct. App.2012Background
- Frenz slipped on a polished ballroom floor at the Springvale Club, owned and operated by the City of North Olmsted, and dislocated her elbow.
- Frenz and her husband sued the city for negligence and loss of consortium, alleging an unsafe floor condition and that the city knew or should have known and failed to remedy or warn patrons.
- The city moved for summary judgment asserting governmental immunity under R.C. Chapter 2744, which the trial court denied.
- Ohio law applies a three-tier immunity analysis: general immunity for governmental acts, potential immunity exceptions under R.C. 2744.02(B), and affirmative defenses under R.C. 2744.03.
- The court concluded the operation of the Springvale Ballroom was a proprietary function, and Frenz demonstrated an exception to immunity under R.C. 2744.02(B)(2); it then assessed whether any discretionary-immunity defenses applied and found none, upholding the trial court’s denial of summary judgment.
- The appellate court affirmed the denial of summary judgment, holding that Frenz could pursue liability despite city involvement in hall maintenance and operation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the city is immune under Chapter 2744 from Frenz’s claims. | Frenz asserts immunity does not bar her negligence claim given the proprietary function exception. | The city argues general immunity applies, barring claims. | Nemery: immunity does not bar the claim; exception applies. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (three-part summary-judgment standard; must show no genuine issues of material fact)
- Moore v. Lorain Metro. Hous. Auth., 121 Ohio St.3d 455 (2009) (defines governmental vs. proprietary functions under 2744)
- Hall v. Ft. Frye Local School Dist. Bd. of Edn., 111 Ohio App.3d 690 (1996) (discretionary-immunity defense; maintenance duties not protected)