No specific laws identified for this ruling.
The appellate court reversed the trial court's grant of summary judgment to the Township and Mr. Bularz on immunity grounds, finding that plaintiffs established an exception to governmental immunity under the proprietary function doctrine and raised genuine issues of material fact regarding recklessness. Case remanded for trial.
CIVIL - summary judgment Civ.R. 56 political subdivision immunity R.C. Chapter 2744 personal injury governmental and proprietary functions exceptions to immunity negligent performance of proprietary functions R.C. 2744.02(B)(2) specific activity that caused injury maintenance of public grounds regulating the use of public grounds R.C. 2744.01(C)(2)(e) public peace, health, safety or welfare not customarily engaged in by nongovernmental persons R.C. 2744.01(C)(1)(c) obligation of sovereignty R.C. 2744.01(C)(1)(a) common good of all citizens of the state R.C. 2744.01(C)(1)(b) physical defect R.C. 2744.02(B)(4) defense to liability exercise of judgment or discretion R.C. 2744.03(A)(5) inadvertence, inattention, or unobservance employee of political subdivision individual capacity wanton or reckless manner R.C. 2744.03(A)(6)(b) issue of fact.
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