Stevenson v. Prettyman
951 N.E.2d 794
Ohio Ct. App.2011Background
- Stevenson sues the city of Cleveland and Officer Prettyman for injuries from a patrol-car collision while transporting a prisoner.
- Defendants moved for summary judgment, asserting immunity under R.C. 2744.02(B)(1)(a) and 2744.03(A)(6).
- Prettyman asserts he was responding to an emergency, transporting a prisoner to the hospital, but did not have lights or siren on.
- Stevenson alleges material facts show Prettyman acted wantonly/recklessly by failing to stop at a red flashing light and proceeding with negligence.
- The trial court denied summary judgment; the city and officer appealed.
- Appellate court held that certain attached documents should have been stricken and ultimately reversed, granting immunity to defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity bars Stevenson's claim based on the conduct. | Stevenson argues issues of fact show wanton/reckless conduct by Prettyman. | Defendants contend Prettyman's actions were protected by immunity due to emergency duty and cautious conduct. | Immunity applies; no genuine issue of material fact on wanton/reckless conduct. |
| Whether the trial court properly struck improper exhibits and affidavits. | Stevenson contends exhibits are admissible as interrogatory responses and public records. | Defendants argue unverified, unauthenticated materials cannot be considered; the court should strike them. | Exhibits should be stricken; second assignment sustained in part. |
| Whether summary judgment was proper under the three-tier immunity analysis. | Stevenson asserts material facts show non-immunity due to wanton/reckless conduct. | Defendants contend the vehicle operator was on an emergency call and acted with caution, satisfying immunity. | Under totality of circumstances, immunity applies; trial court erred in denying summary judgment. |
Key Cases Cited
- Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (three-tier immunity framework for political subdivisions)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary judgment standard and de novo review)
- Lipscomb v. Lewis, 85 Ohio App.3d 97 (1993) (emergency-vehicle immunity and lights/siren considerations)
- Reynolds v. Oakwood, 38 Ohio App.3d 125 (1987) (reckless disregard standard in emergency context)
- Hubbard v. Shaffer, 8th Dist. No. 98870, 2008-Ohio-1940 (2008) (material fact predisposition on emergency-duty immunity)
- Whitley v. Progressive Preferred Ins. Co., 2010-Ohio-356 (1st Dist. No. C-090240) (emergency-duty immunity despite red light entry)
- Ybarra v. Vidra, 2005-Ohio-2497 (6th Dist. No. WD-04-061) (totality-of-circumstances approach to immunity)
- Tomlinson v. Cincinnati, 4 Ohio St.3d 66 (1983) (syllabus on admissibility and foundations for affidavits)