Ferrarini v. Cleveland Metropolitan School District

Civ.R. 56, motion for summary judgment, de novo review, R.C. 2744.02, political-subdivision immunity, physical defect, safety device, negligence, reckless, open and obvious. Political subdivision and its employee appealed trial court's determinations as to their statutory immunity where a gym's ceiling tile fell on plaintiff-student. Open-and-obvious doctrine did not apply because tile fell immediately after being struck by a volleyball and because plaintiff was required to play volleyball in the gym. Trial court did not err in finding the condition of the ceiling amounted to a physical defect, piercing appellants' immunity. Appellants did not establish that they were entitled to judgment as a matter of law regarding whether the lack of a safety device constituted a physical defect. Dispute of fact existed regarding whether the gym teacher acted recklessly in deciding that the students could play volleyball.