Jones v. Delaware City School Dist. Bd. of Edn., 995 N.E.2d 1252

Delaware Hayes High School auditorium contains an orchestra pit that is normally concealed by stage expanders; opening/closing the pit takes 4–8 hours and is performed by staff.
In 2007 a student injury occurred when someone entered a dark auditorium and fell into the open pit, prompting safety changes under Jarod’s Law to define the stage edge.
By Oct. 30, 2009, the pit lacked LED lights and edge glow tape; Jones, a senior, was filming a bullying project in the auditorium with D.A.R.E. officer Glazer assisting.
Jones entered the auditorium after Glazer unlocked an exterior door; the doors closed behind them, leaving the space dark and with limited visibility of the pit.
Jones walked into the pit and fell after following the car and walking into darkness; he did not know the pit existed because prior stage coverings concealed it.
Jones sued the Delaware City School District Board of Education for negligence; the district moved for summary judgment on immunity, open-and-obvious doctrine, and comparative fault questions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district has political-subdivision immunity	Jones contends immunity is defeated under 2744.02(B)(4).	Board asserts immunity under 2744.02(A)(1) and exceptions do not apply.	Immunity not barred; triable issues on physical-defect exception preserved
Whether 2744.02(B)(4) physical-defect exception applies	The pit lacked safety features and the removal of lights created a defect affecting safety.	No physical defect existed; pit functioned as intended without perceivable imperfection.	Genuine issues of material fact exist regarding whether the pit became a physical defect
Whether the third-tier discretionary defense under 2744.03(A)(5) applies	Open to discretion; decisions about pit operation involved governing discretion.	Maintenance decisions are routine with little discretion; defense does not apply.	2744.03(A)(5) does not apply; immunity not reinstated

Cater v. Cleveland, 83 Ohio St.3d 24 (Ohio 1998) (three-tier immunity framework governs 2744.02; analyze A, B, then defenses)
Hubbell v. City of Xenia, 115 Ohio St.3d 77 (2007) (final order on denial of immunity under 2744.02(C))
Leasure v. Adena Local School District, 2012-Ohio-3071 (4th Dist. 2012) (open-and-obvious issues limited appellate review when appealing immunity denial)
Hamrick v. Bryan City School Dist., 2011-Ohio-2572 (6th Dist. 2011) (physical defect requires perceivable impairment affecting safety or utility)
Duncan v. Cuyahoga Community College, 2012-Ohio-1949 (8th Dist. 2012) (lack of mats not a physical defect under 2744.02(B)(4))
Yeater v. LaBrae School Dist., 2010-Ohio-3684 (11th Dist. 2010) (issues of physical defect contested where equipment had loose bolts)
Inland Refuse Transfer Co. v. Browning–Ferris Inds. of Ohio, Inc., 474 N.E.2d 271 (Ohio 1984) (standard for assessing material facts in summary judgment)
Yeater v. LaBrae School Dist., 2010-Ohio-3684 (11th Dist. 2010) (loose bolts and safety equipment can raise material issues)
Duncan v. Cuyahoga Community College, 2012-Ohio-1949 (8th Dist. 2012) (defect concept limited to safety-related impairment)