2016 Ohio 7011
Ohio Ct. App.2016Background
- Collision on Nov. 12, 2013: Columbus Fire Dept. Engine 32, driven by Paul Sheridan responding to an alarm with lights on, entered Refugee Rd./Brice Rd. intersection on a red light and struck a southbound sedan driven by Elvyra Glenn, who later died.
- Sheridan slowed for a curve, estimated speed ~35 mph (posted limit), activated emergency lights and used the air horn in short bursts; testimony conflicts on whether the electronic siren was sounded.
- Witnesses disagree whether Glenn’s vehicle was fully stopped; some say it was stopped or nearly stopped, others say it did not come to a complete stop.
- Executor sued City and Sheridan alleging negligence, willful/wanton misconduct, and failures in training/supervision.
- Trial court denied city and Sheridan’s joint summary-judgment motion asserting immunity under R.C. Chapter 2744; defendants appealed.
- Court of Appeals: affirmed in part, reversed in part — city entitled to immunity (no willful/wanton conduct); Sheridan not entitled to summary judgment because a reasonable jury could find his conduct reckless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City is immune under R.C. Chapter 2744 for vehicle operation by its employee responding to an emergency | City liable because Sheridan’s operation was willful/wanton and City failed in training/supervision | City immune under R.C. 2744.02(A) and the B(1)(b) exception applies because Sheridan’s operation was not willful or wanton | City entitled to immunity as a matter of law; summary judgment for City should have been granted (no willful/wanton conduct) |
| Whether Sheridan (employee) is immune under R.C. 2744.03(A)(6) from executor’s claims | Sheridan acted willfully/wantonly or at least recklessly by entering against a red light without adequate warning | Sheridan acted within scope, slowed, used lights/air horn, and did not act with malicious purpose, bad faith, or recklessness | Genuine factual dispute exists whether Sheridan’s conduct was reckless (jury question); summary judgment for Sheridan denied |
Key Cases Cited
- Anderson v. Massillon, 134 Ohio St.3d 380 (2012) (distinguishes willful, wanton, and reckless standards under R.C. Chapter 2744)
- Colbert v. Cleveland, 99 Ohio St.3d 215 (2003) (three-tiered analysis for political-subdivision immunity)
- Howard v. Miami Twp. Fire Div., 119 Ohio St.3d 1 (2008) (application of R.C. 2744 immunity framework)
- Tighe v. Diamond, 149 Ohio St. (1948) (definition of willful misconduct involves intent)
- Hawkins v. Ivy, 50 Ohio St.2d 114 (1977) (definition of wanton misconduct)
- Thompson v. McNeill, 53 Ohio St.3d 102 (1990) (definition of reckless conduct)