Today & Tomorrow Heating & Cooling v. Greenfield
2014 Ohio 239
Ohio Ct. App.2014Background
- Sewer system backed up in 2010 causing damage to O’Connor’s furnace and water heater.
- City manager Betty Bishop instructed a written statement for repairs.
- Jonathan Haney of Today and Tomorrow prepared a repair proposal for $4,125 and sought authorization to proceed.
- Bishop told Haney to perform the repairs and allegedly promised the village would pay if insurance didn’t, but payment was never made.
- Today and Tomorrow filed a breach of contract suit in 2012 seeking $6,339.14 against Greenfield.
- The trial court denied Greenfield’s summary-judgment motion, finding issues of material fact and that immunity did not preclude liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2744.09(A) precludes immunity for breach of contract against a political subdivision | Today and Tomorrow seeks contractual damages; immunity does not apply | Greenfield is immune under Chapter 2744 | R.C. 2744.09(A) precludes immunity for contractual liability; immunity not applicable |
| Whether Today and Tomorrow waived reliance on 2744.09(A) by not raising it below | N/A / not waived | Waiver due to failure to raise the provision below | Waiver argument rejected as to the immunity issue; does not alter outcome on law |
| Whether the appeal is properly limited to immunity, or whether this court may address breach-of-contract claims | Jurisdiction to review contract claim denial | Appeal concerns immunity ruling | Court lacks jurisdiction to review the contract-claim portion; focuses on immunity ruling |
Key Cases Cited
- Hubbell v. Xenia, 115 Ohio St.3d 77 (Ohio Supreme Court, 2007) (immunity framework under Chapter 2744)
- Riscatti v. Prime Properties Ltd. Partnership, 137 Ohio St.3d 123 (Ohio Supreme Court, 2013) (2744 does not apply to contractual liability claims)
- Emergency Med. Transport, Inc. v. Massillon, 2011-Ohio-446 (Ohio Court of Appeals, 5th Dist.) (Chapter 2744 provides tort immunity but not contract claims)
- Cobb v. Mantua Twp. Bd. of Trustees, 2004-Ohio-5325 (Ohio App. 11th Dist.) (2744 does not provide immunity for contractual claims)
- Finn v. James A. Rhodes State College, 2010-Ohio-6265 (Ohio App. 3d, Allen Co.) (contractual claim outside 2744 immunity)
- E. Liverpool v. Buckeye Water Dist., 2012-Ohio-2821 (Ohio App. 7th Dist.) (immunity limitations vis-à-vis contractual liability)
- Riffle v. Physicians and Surgeons Ambulance Service, Inc., 135 Ohio St.3d 357 (Ohio Supreme Court, 2013) (reinstated general tort immunity framework)