Stevens v. Maxson
2013 Ohio 5792
Ohio Ct. App.2013Background
- On Aug. 8, 2008, Officer Debra Maxson’s police cruiser, responding to an emergency, collided with Dean Stevens’s motorcycle at Cleveland Avenue/State Route 161.
- Maxson activated emergency lights and siren and crossed the intersection; Hickman witnessed activity and later testified to lights/siren being present.
- Stevens filed suit July 21, 2011 against the City of Columbus and Maxson for negligence, willful/reckless misconduct, and respondeat superior.
- The trial court denied the City’s summary-judgment motion on immunity and denied Stevens’s partial-summary-judgment motion, finding no willful misconduct but issues as to wanton conduct and officer immunity.
- On appeal, the court applied the three-tiered analysis for political-subdivision immunity and distinguished willful, wanton, and reckless conduct; it held the City had a full defense under 2744.02(B)(1)(a) and that facts remained disputed as to recklessness precluding summary judgment on officer immunity; remanded for further proceedings.
- The Supreme Court’s Anderson decision clarified that willful, wanton, and reckless are distinct standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the city have a full defense to liability under 2744.02(B)(1)(a)? | Stevens | Maxson/City | Yes; city immunity affirmed |
| Does Officer Maxson have immunity under 2744.03(A)(6)(b)? | Stevens argues recklessness voids immunity | Maxson argues no reckless conduct | Issues of recklessness preclude summary judgment; officer not entitled to immunity at this stage |
Key Cases Cited
- Anderson v. Massillon, 134 Ohio St.3d 380 (2012-Ohio-5711) (defines willful, wanton, and reckless as distinct standards and informs immunity analysis)
- Smith v. McBride, 130 Ohio St.3d 51 (2011-Ohio-4674) (three-tiered analysis for political-subdivision immunity under 2744; ties to 2744.02(B) and 2744.03)
- Hubbell v. Xenia, 115 Ohio St.3d 77 (2007-Ohio-4839) (finality of certain immunity-denial orders under 2744.02(C))
- Byrd v. Kirby, 2005-Ohio-1261 (2005-Ohio-1261) (independent witnesses can support immunity defenses when plaintiff’s view differs)
- Perlberg v. Cleveland, 2009-Ohio-1788 (2009-Ohio-1788) (examination of emergency-vehicle warnings and immunity considerations)
- Lindsay P. v. Towne Properties Asset Mgmt. Co., Ltd., 2013-Ohio-4124 (2013-Ohio-4124) (summary-judgment limits when credibility and material facts hinge on witness testimony)