Smith v. McBride
2011 Ohio 4674
Ohio2011Background
- Carpenter, Clinton Township sergeant, responded to a general dispatch outside his jurisdiction.
- Accident occurred at Morse Rd and Chesford Rd, in Columbus (third jurisdiction) while Carpenter was en route.
- Carpenter was speeding (about 64 mph) but not using lights/siren; collision with McBride’s vehicle.
- Plaintiff Smith, a passenger, sued Carpenter, Clinton Township, and others for personal injury.
- Trial court granted summary judgment based on immunity under R.C. 2744.02(B)(1)(a) and 2744.01(A); appellate and supreme court reviewed if mutual-aid agreements affect emergency-call immunity.
- Record lacked clear evidence of a mutual-aid agreement between Clinton Township and Franklin County at the time of the accident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mutual-aid absence negates emergency-call immunity | Smith argues no mutual-aid, so no professional obligation | Township argues immunity does not require mutual-aid in absence of agreement | Absence of mutual-aid agreement does not bar immunity |
| Whether officer on outside-jurisdiction can be on an emergency call without mutual aid | Carpenter lacked obligation outside jurisdiction | Responding to dispatch fulfills duty regardless of jurisdiction | Officer can be on an emergency call absent mutual-aid if responding to a duty to assist |
| Whether statutory definitions require mutual-aid for 2744.01(A)/2744.02(B)(1)(a) immunity | Mutual-aid required to create extrajurisdictional duty | Immunity applies to calls to duty and does not depend on mutual-aid | Immunity applies without mutual-aid; statute clear on duty-to-respond |
Key Cases Cited
- Colbert v. City of Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (emergency-call concept focuses on response to duty, not necessarily danger)
- Sawicki v. Ottawa Hills, 37 Ohio St.3d 222 (1988) (mutual-aid discussions pre-dates 2744; distinguishable on timing and authority)
- Zumwalde v. Madeira & Indian Hill Joint Fire Dist., 128 Ohio St.3d 492 (2011-Ohio-1603) (statutory interpretation; clear, unambiguous text governs)