Taylor v. Cleveland, 2012 Ohio 3369

Taylor was hit by a City police cruiser driven by Officer Prettyman who was transporting a prisoner to the hospital; light at Prospect Ave/East 30th St flashed yellow for Taylor and red for Prettyman; Prettyman did not stop or activate lights/sirens.
Taylor and her minor daughter sued the City in 2009, refiled in 2010, alleging negligent or willful and wanton operation of a vehicle.
City moved for summary judgment asserting immunity under R.C. Chapter 2744; trial court denied; interlocutory appeal followed.
Court explained the three-tiered R.C. 2744 immunity framework: immunity under 2744.02(A)(1), potential exceptions under 2744.02(B), and defenses under 2744.03.
Court held Officer Prettyman was on an emergency call as a matter of law due to transporting a prisoner per police dispatch, but unresolved factual issues remained on willful/wanton conduct and compliance with traffic rules; judgment affirmed in part and remanded for further proceedings on those issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Prettyman was on an emergency call	Taylor: no emergency call; not responding to duty	City: transporting prisoner invoked emergency call	Yes, emergency call; immune on this basis
Whether Prettyman's conduct was willful or wanton	Taylor: speed/direction showed willful/wanton conduct	City: conduct could be non-wanton given emergency context	Issues of fact remain for trial on willful/wanton liability
Whether 4511.03(A) applies to the facts	Taylor: statute imposes no duty to stop, given emergency	City: applies and requires caution; possible high speed	Statute applies; genuine issues of fact exist on how caution was heeded

Colbert v. Cleveland, 99 Ohio St.3d 215 (2003) (broadened ‘call to duty’ interpretation for emergency responses)
Stevenson v. Prettyman, 193 Ohio App.3d 234 (2011) (reciprocal burden showing wanton/reckless conduct; earlier denial reversed)
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary judgment standard de novo; three-part test)