Lackey v. Noble
2012 Ohio 2554
Ohio Ct. App.2012Background
- Ms. Lackey died from choking at the Medina County Achievement Center while on a mechanical soft diet.
- Noble was Lackey’s case manager and a licensed practical nurse at the Center.
- Physician orders and a rehabilitation dining plan indicated a mechanical soft diet; the Center never conveyed these to dietary staff.
- Handwritten notes appeared on nursing-fax documents, suggesting someone at the Center handled them; handwriting resembled Noble’s.
- Estate sued Noble for negligence and wanton/reckless misconduct; Noble sought summary judgment arguing immunity under R.C. 2744.03(A)(6).
- Trial court denied summary judgment for wanton/reckless claims but did not separately address negligence claims; the court later remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Noble’s conduct was wanton and reckless | Estate: omissions showed a conscious disregard under Hawkins standard | Noble: failure to relay orders was at most negligence | Genuine issue of material fact on wanton/reckless standard. |
| Whether Noble is immune from negligence claims | Estate argues immunity should not apply to negligent acts | Section 2744.03(A)(6) immunizes unless exceptions apply | Immunity applies to negligence claims; reverse for those claims. |
| Whether evidence of handwritten faxes supports a finding of wanton conduct | Writing suggests Noble’s involvement | Handwriting analysis is inconclusive | Material fact issue exists as to Noble’s awareness and actions. |
Key Cases Cited
- Hawkins v. Ivy, 50 Ohio St.2d 114 (Ohio 1977) (definition of wantonness: failure to exercise care with high probability of harm)
- Fabrey v. McDonald Village Police Dep’t, 70 Ohio St.3d 351 (Ohio 1994) (perversity concept; reconcile wanton standard with immunity analysis)
- O’Toole v. Denihan, 118 Ohio St.3d 374 (Ohio 2008) (reckless conduct defined for immunity context; risk understanding required)
- McGuire v. Lovell, 85 Ohio St.3d 1216 (Ohio 1999) (recklessness and wantonness relation under immunity)
- Rankin v. Cuyahoga Cty. Dep’t of Children and Family Servs., 118 Ohio St.3d 392 (Ohio 2008) (Fabrey framework applied to public-safety context)