2024 Ohio 2260
Ohio Ct. App.2024Background
- Joan Steigerwald, an 83-year-old regular at the Berea Recreation Center, tripped on a new bench with extended legs in the women's locker room and suffered fatal injuries.
- The benches were recently installed during remodeling; the locker room was narrow and mainly used by seniors.
- Multiple patrons had complained about the tripping hazard created by the benches' extended legs prior to the incident.
- Kurt Steigerwald, as administrator of Joan's estate, sued the City of Berea and the Recreation Center alleging negligence and wrongful death.
- The trial court granted summary judgment to the defendants, holding there was no liability as a matter of law, including under governmental immunity and based on a waiver of liability Joan signed.
- The appellate court reversed and remanded, finding genuine issues of material fact on several grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice of hazard | Appellees had actual/constructive notice of the bench hazard | No notice of dangerousness as a matter of law | Court: Genuine issue of fact; for jury |
| Physical defect under immunity statute | Extended-leg bench was a 'physical defect' within R.C. 2744.02(B)(4) | Benches not a qualifying physical defect | Court: Bench may qualify; jury question |
| Discretion restoring immunity | Govt. discretion defense (R.C. 2744.03(A)(5)) doesn't apply | Selection/placement was discretionary, restoring immunity | Court: Material facts in dispute |
| Reckless conduct | Employees acted recklessly (defeats immunity) | No recklessness as a matter of law | Court: Material facts in dispute |
| Open and obvious hazard | Bench hazard was not open and obvious | Obvious hazard, so no duty to warn | Court: Reasonable minds could differ |
| Enforceability of liability waiver | Waiver ambiguous, doesn't bar claims especially for recklessness | Waiver bars all liability | Court: Ambiguity creates jury question |
Key Cases Cited
- Moore v. Lorain Metro. Hous. Auth., 121 Ohio St.3d 455 (Ohio 2009) (physical defect exception to immunity under R.C. 2744.02(B)(4))
- Doe v. Greenville City Schools, 171 Ohio St.3d 763 (Ohio 2022) (lack of safety equipment can be a physical defect for immunity exception)
- Anderson v. Massillon, 134 Ohio St.3d 380 (Ohio 2012) (defines reckless/wanton misconduct in immunity context)