2013 Ohio 741
Ohio Ct. App.2013Background
- Perry et al. sue Liberty Township and unnamed Township Employees alleging a police chase in 2006 caused injuries to minor plaintiffs.
- Plaintiffs allege the chase began for a minor traffic offense and occurred in non-emergency circumstances, endangering the public.
- Defendants moved for summary judgment arguing political subdivision immunity under R.C. 2744.02; plaintiffs opposed with affidavits from a fleeing vehicle driver and a bystander.
- The trial court granted summary judgment, finding immunity and lack of proximate cause under 2744.02(B)(1)(a).
- On appeal, plaintiffs contend the pursuit could be proximate cause or constitute an emergency call, potentially negating immunity.
- The court held the drivers’ conduct was not proximately caused by the officers’ actions and affirmed summary judgment for Liberty Township.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proximate cause for injuries by pursuing officers | Perry argues officers’ pursuit proximate cause due to dangerous chasing. | Liberty Township contends no proximate cause; third-party driver caused collision. | Proximate cause found not established; drivers sole proximate cause. |
| Emergency call exception to immunity | Perry argues pursuit could be an emergency call justifying immunity limits. | Defendants rely on emergency-call definition under 2744.01(A). | Issue deemed irrelevant because no proximate cause established. |
| Proper naming/serving of defendants and implications for immunity | Unnamed officers not properly served; potential liability questions remain. | Fictitious-name defendant not properly commenced; summary judgment appropriate. | Second assignment of error meritless; improper naming bars claims against officers. |
Key Cases Cited
- Lewis v. Bland, 75 Ohio App.3d 453 (9th Dist.1991) (no proximate cause unless extreme conduct)
- Whitfield v. Dayton, 167 Ohio App.3d 172 (2012-Ohio-2917) (no proximate cause in pursuits)
- Kovacic v. Eastlake, 2006-Ohio-7016 (11th Dist.) (causation requirements for immunity)
- Shalkhauser v. Medina, 148 Ohio App.3d 41 (2002-Ohio-222) (pursuit decisions outside negligent operation MOI)
- Rahn v. Whitehall, 62 Ohio App.3d 62 (10th Dist.1989) (courts reject duty to refrain from pursuing criminals)