Wilson v. McCormack
2017 Ohio 5510
| Ohio Ct. App. | 2017Background
- Plaintiffs Jaimie Wilson and Elizabeth Ziemski sued Jefferson Area Local School District Board of Education and others alleging sexual assaults by assistant girls’ basketball coach Donald McCormack and asserting negligent hiring/retention/supervision, failure to report abuse, vicarious liability, and wantonness claims.
- Board asserted statutory immunity under R.C. Chapter 2744 and moved for judgment on the pleadings seeking dismissal based on governmental-function immunity.
- Trial court denied the Board’s motion except as to one count dismissed on statute-retroactivity grounds, concluding school sports are incidental to education and thus proprietary (no immunity).
- Board appealed the denial; this Court reviewed de novo whether the hiring/retention/supervision of a high‑school basketball coach is part of the governmental function “provision of a system of public education.”
- The Court reversed, holding that extracurricular sports and employment of coaches are inherent to providing public education and therefore constitute a governmental function entitled to statutory immunity at the pleading stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hiring/retention/supervision of a HS basketball coach is a governmental or proprietary function under R.C. 2744 | Sports are not part of the core public education function; thus B.O.E. can be liable under the proprietary-function exception | Hiring/retention/supervision of coaches and providing teams are part of the provision of a public education, a governmental function | Court held it is a governmental function; immunity applies at pleading stage |
Key Cases Cited
- Elston v. Howland Local Schools, 865 N.E.2d 845 (Ohio 2007) (recognizes provision of public education and operation of school athletic facilities as governmental functions)
- Schnarrs v. Girard Bd. of Edn., 858 N.E.2d 1258 (Ohio Ct. App. 2006) (treats injuries in basketball practice as negligence in connection with a governmental function)
- Summers v. Slivinsky, 749 N.E.2d 854 (Ohio Ct. App. 2001) (high‑school cheerleading classified within governmental-function umbrella)
- Marcum v. Talawanda City Schools, 670 N.E.2d 1067 (Ohio Ct. App. 1996) (assault during student activity considered in context of school’s governmental activities)
- Allied Erecting & Dismantling Co. v. Youngstown, 783 N.E.2d 523 (Ohio Ct. App. 2002) (clarifies approach to distinguishing governmental vs. proprietary functions)
- Greene County Agricultural Society v. Liming, 733 N.E.2d 1141 (Ohio 2000) (framework referenced regarding interpretation of Chapter 2744 immunities)
- Hubbell v. Xenia, 873 N.E.2d 878 (Ohio 2007) (order denying immunity under R.C. Chapter 2744 is final, appealable)