Hoskins v. Cleveland, 2026-Ohio-1225

William Johnson drowned in a pool owned and operated by the City of Cleveland while a lifeguard was seated in a folding chair instead of an elevated lifeguard chair. 1
The lifeguard testified she chose the folding chair because the elevated chair was uncomfortable and too small for her. 2
Hoskins, as executor of Johnson's estate, sued Cleveland and others for wrongful death and survivorship, and Cleveland asserted political-subdivision immunity and a waiver defense. 3
Hoskins argued the R.C. 2744.02(B)(4) physical-defect exception applied because the folding chair choice created a blind spot and physical defect on the pool grounds. 4
The trial court and Eighth District denied summary judgment and held that a genuine issue existed as to whether the low folding chair created a physical defect. 5
The Supreme Court of Ohio reversed, holding that no evidence showed a tangible physical defect in the chair or pool area and Cleveland retained immunity. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does a folding-chair lifeguard setup create a physical defect under R.C. 2744.02(B)(4)? 7	Hoskins said the low chair and resulting blind spot were physical defects.	Cleveland said chair selection is not a tangible defect.	No; the setup was not a physical defect. 8
Did Cleveland lose immunity from Johnson's death under R.C. 2744.02(B)(4)? 9	Hoskins said negligence plus a physical defect removed immunity.	Cleveland said the exception did not apply and immunity remained.	No; Cleveland remained immune and was entitled to summary judgment. 10

Sharp v. Union Carbide Corp., 38 Ohio St.3d 69 (Ohio 1988) (courts give undefined statutory terms their plain, everyday meaning 11)
Kraly v. Vannewkirk, 69 Ohio St.3d 627 (Ohio 1994) (plurality opinions have questionable precedential value absent four votes 12)
Doe v. Greenville City Schools, 2022-Ohio-4618 (Ohio 2022) (plurality opinion suggesting absence of safety equipment may be a physical defect 13)
Bliss v. Johns Manville, 2022-Ohio-4366 (Ohio 2022) (summary-judgment denial is reviewed de novo 14)
Bonacorsi v. Wheeling & Lake Erie Ry. Co., 2002-Ohio-2220 (Ohio 2002) (summary judgment standard under Civ.R. 56 15)