O.G. v. City of Middleburg Heights
97 N.E.3d 796
Ohio Ct. App.2017Background
- On Feb. 17, 2014, six-year-old O.G. was at the City of Middleburg Heights recreation center (the Center) when a cylindrical roll-up curtain machine was activated. O.G. touched the machine, his arm was drawn in, and he sustained a fractured humerus with permanent residual damage.
- Parents (M.G. and A.G.) sued the city alleging negligence and loss of consortium; discovery produced no maintenance records showing prior malfunction of the machine.
- Plaintiffs alleged employee negligence, inadequate employee training, failure to warn, lack of a safety device, and a physical defect or unsafe condition in the machine/area.
- The city moved for summary judgment asserting statutory immunity under R.C. Chapter 2744; plaintiffs invoked the R.C. 2744.02(B)(4) exception for injuries caused by employee negligence due to physical defects in buildings/grounds.
- The trial court granted summary judgment for the city; the court of appeals affirmed, finding no evidence of a physical defect or malfunction and no genuine issue of material fact to defeat immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the city is immune from tort liability for O.G.’s injury under R.C. Chapter 2744 | The injury was caused by employee negligence on city property and was due to a physical defect in the curtain machine/area, so R.C. 2744.02(B)(4) removes immunity | The Center’s operation is a governmental function and no evidence shows a physical defect or machine malfunction; thus immunity applies | Court held city immune; plaintiffs failed to show a physical defect or genuine issue of material fact under R.C. 2744.02(B)(4) |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 671 N.E.2d 241 (Ohio 1996) (standard of review for summary judgment)
- Hairless v. Willis Day Warehousing Co., 54 Ohio St.2d 64, 375 N.E.2d 46 (Ohio 1978) (summary judgment standards)
- Dresher v. Burt, 75 Ohio St.3d 280, 662 N.E.2d 264 (Ohio 1996) (moving party’s burden in summary judgment)
- M.H. v. Cuyahoga Falls, 134 Ohio St.3d 65, 979 N.E.2d 1261 (Ohio 2012) (application of R.C. 2744.02(B)(4) exception)
- Jones v. Delaware City School Dist. Bd. of Edn., 995 N.E.2d 1252 (Ohio App.) (lack of an intended operation or perceivable condition can constitute a physical defect)