Scott v. City of Columbus Department of Public Utilities
192 Ohio App. 3d 465
| Ohio Ct. App. | 2011Background
- Plaintiff-appellant James E. Scott sues the City of Columbus and its utilities/public service departments after a fall caused by a manhole cover near SR 161 and Karl Rd.
- Incident occurred around Aug 28, 2007; Scott stepped on an allegedly improperly attached manhole cover and fell, injuring himself.
- Scott amended the complaint to add the city as a defendant.
- City moved to dismiss under Civ.R. 12(B)(6) arguing immunity under R.C. Chapter 2744.
- Trial court granted dismissal; appellate court reverses and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the city is immune under RC 2744.02(A)(1) absent applicable exceptions. | Scott's complaint plausibly alleges a proprietary-function failure. | City argues immunity applies unless an exception under RC 2744.02(B) applies. | Not dispositive at pleading stage; immunity question survives for later proof. |
| Whether Scott’s allegations plausibly allege negligence related to a proprietary function under RC 2744.02(B)(2). | Allegations show negligent maintenance of sewer-related elements (manhole), a proprietary function. | Allegations concern sidewalk maintenance, a governmental function. | Complaint could support proprietary-function liability; reversal of dismissal. |
| Whether Civ.R. 12(B)(6) was correctly applied given the facts alleged. | Complaint should not be dismissed without discovery. | A facially clear governmental function would bar liability. | 12(B)(6) analysis improper at this stage; should permit discovery. |
Key Cases Cited
- York v. Ohio State Hwy. Patrol, oux 60 Ohio St.3d 143 (1991) (pleading-stage immunity questions may survive)
- Burns v. Upper Arlington, 2007-Ohio-797 (Ohio) (distinguishes sidewalk maintenance from sewer maintenance for immunity)
- Tyler v. Cleveland, 129 Ohio App.3d 441 (1998) (proprietary vs. governmental function in manhole-context)
- Martin v. Gahanna, 2007-Ohio-2651 (2007) (inspecting/replacing sewer components deemed proprietary function)
- Fink v. Twentieth Century Homes, Inc., 2010-Ohio-5486 (8th Dist.) (pleading-stage immunity considerations in Ohio)