Williams v. Cincinnati
2021 Ohio 3801
| Ohio Ct. App. | 2021Background:
- Norma Williams sued the City of Cincinnati after tripping on a jagged remnant of a removed signpost protruding from a downtown sidewalk and suffering serious injuries.
- Her complaint alleged the incident occurred while she was walking on the city sidewalk on Broadway Ave.; she alleged negligent maintenance by the city.
- The city moved for judgment on the pleadings, asserting governmental immunity under R.C. Chapter 2744 for sidewalk maintenance; the trial court denied the motion without analysis.
- The city appealed under R.C. 2744.02(C) (orders denying immunity are final); the Court of Appeals reviewed the motion de novo.
- The court held that maintenance and repair of sidewalks is a governmental function under R.C. 2744.02(A)(1), and that the statutory exception in R.C. 2744.02(B)(3) (negligent failure to keep public roads in repair) does not apply because sidewalks are not "public roads."
- The court reversed the trial court and remanded with instructions to enter judgment on the pleadings for the city, noting the legislative choice leaves injured persons without a tort remedy.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the city is immune for negligent maintenance of sidewalks under R.C. 2744.02(A)(1) | Williams alleged negligent sidewalk maintenance by the city caused her injuries and sought recovery | City argued maintenance/repair of sidewalks is a governmental function and thus barred by R.C. 2744.02(A)(1) immunity | Held: Yes—city is immune for negligent maintenance of sidewalks under R.C. 2744.02(A)(1) |
| Whether the R.C. 2744.02(B)(3) exception (negligent failure to keep public roads in repair) applies to sidewalks | Williams argued a sidewalk qualifies as a "public road" and so B(3) removes immunity | City argued statutory definition of "public roads" excludes sidewalks and precedent supports that exclusion | Held: No—sidewalks are not "public roads" for B(3); the exception does not apply (so immunity remains) |
Key Cases Cited
- Brown v. City of Cincinnati, 162 N.E.3d 1274 (1st Dist. 2020) (applies the three-tiered R.C. 2744 immunity framework)
- Hubbard v. Canton City School Bd. of Edn., 780 N.E.2d 543 (Ohio 2002) (establishes the three-tier immunity analysis)
- Howard v. Miami Twp. Fire Div., 891 N.E.2d 311 (Ohio 2008) (explains narrowing of the statutory meaning of "public roads")
- Cuyahoga Cty. Bd. of Commrs. v. State, 858 N.E.2d 330 (Ohio 2006) (de novo review of legal questions, cited on standards of review)
- Georgantonis v. City of Reading, 156 N.E.3d 1037 (1st Dist. 2020) (upholds immunity for city negligence involving sidewalk-adjacent infrastructure)
- Wilson v. City of Cleveland, 979 N.E.2d 356 (8th Dist. 2012) (holds sidewalks are not "public roads" for R.C. 2744.02(B)(3) purposes)