Goebel v. Minster
2022 Ohio 883
| Ohio Ct. App. | 2022Background
- In early 2019 the Village of Minster solicited bids for the “Northeast Sanitary Sewer Improvements” and awarded the contract to Helms & Sons Excavating (Helms).
- During excavation crew uncovered a buried manhole with a second pipe believed to be abandoned; Minster instructed Helms to cut back and cap that pipe.
- Cutting into the pipe caused an unexpected eruption of sewage; Minster personnel and contractors cleaned the site and the system initially returned to normal.
- Overnight heavy rainfall caused the Miami and Erie canal to back into Minster’s storm sewer; the storm line, partly exposed and in poor condition, collapsed and overwhelmed the lift station pumps, flooding several homeowners’ basements.
- Landowners sued Minster and Helms for negligence and third‑party‑beneficiary breach of contract; Minster sought summary judgment on sovereign immunity grounds and the trial court granted it.
- On appeal landowners and Helms argued immunity exceptions applied: (1) R.C. 2744.02(B)(2) (negligent performance of proprietary function) and (2) R.C. 2744.02(B)(4) (negligence causing loss due to physical defects on government buildings/grounds). The trial court held immunity applied and, where necessary, was reinstated under R.C. 2744.03(A)(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minster’s conduct falls within R.C. 2744.02(B)(2) (negligent performance of a proprietary function) | Landowners/Helms: negligence arose from operation/maintenance/upkeep (leaving an allegedly abandoned pressurized line open, directing its destruction, and inadequate cleanup) — a proprietary function (sewer maintenance). | Minster: the work was reconstruction/upgrade of a sewer system, a governmental function under R.C. 2744.01(C)(2)(l); thus (B)(2) does not apply. | Court: reconstruction activities are governmental; even if some acts were proprietary, immunity would be restored under R.C. 2744.03(A)(5). |
| Whether R.C. 2744.02(B)(4) (negligence causing loss due to physical defects in buildings/grounds used for governmental functions) applies | Helms: Minster employee conduct that left a valve open or other site conditions amounted to a defect on government grounds that caused injury. | Minster: no physical defect of a building or government grounds caused the loss; issue arose from construction activity and storm conditions. | Court: (B)(4) inapplicable — no evidence of a physical defect on government grounds or buildings. |
| Whether immunity is restored under R.C. 2744.03(A)(5) | Landowners: (A)(5) inapplicable because actions were routine negligence, not discretionary policy decisions; (A)(5) covers higher‑level policy/ resource judgments. | Minster: actions involved exercise of judgment/discretion in using resources and site decisions; no evidence of bad faith, malice, wantonness, or recklessness. | Court: (A)(5) applies and restores immunity — no evidence of malicious purpose, bad faith, wanton or reckless conduct. |
Key Cases Cited
- 153 Ohio St.3d 611 (2018) (sets out the three‑tiered sovereign‑immunity analysis for political subdivisions)
- 158 Ohio St.3d 388 (2019) (clarifies scope and analysis under Chapter 2744)
- 133 Ohio St.3d 28 (2012) (distinguishes upgrading/ construction of public improvements as governmental, not proprietary)
- 477 U.S. 242 (1986) (standard for determining genuine issues of material fact on summary judgment)
- 75 Ohio St.3d 280 (1996) (summary judgment burden and the nonmoving party's obligation to show specific facts creating a triable issue)