McNamara v. Marion Popcorn Festival
983 N.E.2d 818
Ohio Ct. App.2012Background
- Michael McNamara riding bicycle on E. Church St. in Marion struck a crossbeam from a parade barricade that was lying across the roadway.
- The beam was 7-8 feet long, 3-4 inches high, and its sawhorse legs were nearby; only the beam lay across about one-third of the roadway.
- McNamara suffered serious injuries, including fractures and a traumatic brain injury with memory impairment.
- Plaintiffs sued Marion Popcorn Festival, Inc. and others; Marion asserted immunity under RC 2744.02 and contributory negligence by McNamara.
- After discovery and pleadings, all non-Marion claims were dismissed; Marion moved for summary judgment on immunity and regular defenses.
- The trial court granted summary judgment for Marion, ruling the beam did not constitute an obstruction, thus immunity applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the beam was an obstruction under RC 2744.02(B)(3). | McNamara argues the beam qualifies as an obstruction requiring liability and negating immunity. | Marion contends the beam is not an obstruction under Howard v. Miami Twp. Fire Div. and thus immunity applies. | Beam not an obstruction; immunity remains. |
| Whether Marion is immune under RC 2744.02(A)(1) given the potential obstruction claim. | If obstruction is present, immunity should not apply due to the exception. | Without obstruction, immunity applies regardless of other factors. | Immunity applied; no obstruction found to defeat immunity. |
Key Cases Cited
- Howard v. Miami Twp. Fire Div., 119 Ohio St.3d 1 (2008-Ohio-2792) (defines obstruction for RC 2744.02(B)(3))
- Hortman v. City of Miamisburg, 110 Ohio St.3d 194 (2006-Ohio-4251) (articulates three-tier immunity framework)
- Cater v. Cleveland, 83 Ohio St.3d 24 (1998-Ohio-434) (describes immunity framework and exceptions)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996-Ohio-107) (burden-shifting in summary judgment under Civ.R.56)
- Conley–Slowinski v. Superior Spinning & Stamping Co., 128 Ohio App.3d 360 (1998-Ohio-) (applies Civ.R.56 standards in appellate review)
- Horton v. Harwick Chem. Corp., 73 Ohio St.3d 679 (1995-Ohio-) (outlines three-tier immunity analysis for political subdivisions)