Failure to Accommodate Cases

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.

Disability, Ohio Civil Rights Act, Americans with Disabilities Act, Americans with Disabilities Act Amendments Act, Ohio Civil Rights Commission, substantially limits, physical impairment, constructive discharge, R.C. Chapter 4112, R.C. 4112.06(E), R.C. 4112.08, R.C. 4112.02(A), Adm. Code 4112-5-08(E), Adm. Code 4112-5-01, 42 U.S.C. 12102(4), 29 C.F.R. §1630.2(j)(1)(i), earnings, back pay