2014 Ohio 5450
Ohio Ct. App.2014Background
- Seege, a wheelchair user with multiple sclerosis, sues Officer Smith and the City of Dayton for injuries from a police cruiser collision in Dayton, Ohio.
- Smith was dispatched to a traffic crash and was driving a 2004 Ford Crown Victoria when the collision occurred.
- Smith did not activate lights or sirens and contends he was responding to a dispatch in a non-emergency context, while Seege argues he was not on an emergency call.
- The collision happened at the James H. McGee Boulevard-West Second Street area, with Seege crossing an unmarked crosswalk when struck.
- The trial court granted summary judgment on statutory immunity for Smith and the City; Seege appeals.
- The appellate court affirmed, holding Smith was on a call to duty under Colbert and not acting willfully, wantonly, or recklessly; immunity for both Smith and the City was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith was on an emergency call under RC 2744.01(A). | Seege contends there was no emergency call. | Smith argues he was responding to a dispatch and thus on an emergency call. | Yes; Smith was on a call to duty and covered by immunity. |
Key Cases Cited
- Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (defined emergency call as call to duty)
- Smith v. Five Rivers MetroParks, 134 Ohio App.3d 754 (1999-Ohio-???) (summary judgment review standard (2d Dist.))
- Burnell v. Dulle, 169 Ohio App.3d 792 (2006-Ohio-7044) (limits emergency-call analysis; distinguish duties not engaged as emergencies)
- Carder v. Kettering, 2d Dist. Montgomery No. 20219 (2004-Ohio-4260) (recklessness standard; factors in evaluating police conduct)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (1994-Ohio-???) (limits on when immunity is lost for wanton conduct)
- Anderson v. Massillon, 134 Ohio St.3d 380 (2012-Ohio-5711) (reckless standard for individual immunity)