Riscatti v. Prime Properties Ltd. Partnership
137 Ohio St. 3d 123
| Ohio | 2013Background
- Gasoline leaked from an underground tank system at a Parma gas station into a sanitary sewer main on State Road, contaminating groundwater and sewers feeding nearby homes; an excavation revealed drain pipes installed in 1982 that continuously discharged gasoline.
- Homeowners (100 plaintiffs, including the Riscattis and Beres) alleged long-term exposure to gasoline vapors and brought tort claims after a 2009 fire and related injuries and property damage.
- Investigations by BUSTR, the Parma Fire Department, EPA, and the regional sewer district confirmed gasoline in the sewer system and ordered the station shut down; plaintiffs contend public entities failed to warn or properly maintain the sewer.
- The county moved for judgment on the pleadings asserting the two-year statute of limitations in R.C. 2744.04(A); the trial court denied that motion.
- The county also moved on immunity grounds under R.C. Chapter 2744; the trial court denied the immunity-based 12(C) aspects but held summary-judgment immunity issues for later after discovery.
- The county immediately appealed both denials; the Eighth District dismissed the appeal as to the statute-of-limitations ruling for lack of a final, appealable order; the Ohio Supreme Court affirmed that dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a motion for judgment on the pleadings based on R.C. 2744.04 statute of limitations is a final, appealable order under R.C. 2744.02(C) | Plaintiffs argued the action was timely and that the county was not entitled to dismissal | County argued the denial was immediately appealable because it arose alongside immunity issues under R.C. Chapter 2744 | Denial of a statute-of-limitations motion is not a denial of statutory immunity and is not a final, appealable order under R.C. 2744.02(C). |
Key Cases Cited
- Corporex Dev. & Constr. Mgt., Inc. v. Shook, Inc., 106 Ohio St.3d 412 (2005) (standard: accept complaint allegations as true on motion for judgment on the pleadings)
- Hubbell v. Xenia, 115 Ohio St.3d 77 (2007) (denial of summary judgment based on statutory immunity is immediately appealable under R.C. 2744.02(C))
- Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 137 Ohio St.3d 23 (2013) (R.C. 2744.02(C) interpreted broadly to allow early appeals of immunity rulings)
- Summerville v. Forest Park, 128 Ohio St.3d 221 (2010) (discussing purpose and importance of R.C. Chapter 2744 immunity scheme)
- Sullivan v. Anderson Twp., 122 Ohio St.3d 83 (2009) (recognizing R.C. 2744.02(C) creates an immediate appeal right when immunity is denied)