Legal Opinion
Ditmyer v. Board of County Commissioners of Lucas County
Ohio Supreme Court
Decided December 17, 1980No. 80-125PublishedCited by 10 opinions
1Opinion of the CourtLocher, J.
Appellant, in its first proposition of law, asserts, in essence, that snow removal does not come within the purview of R. C. 305.12, which states that the board of county commissioners “shall be liable, in its official capacity, for damages received by reason of its negligence or carelessness in not keeping any***road or bridge in proper repair***.” (Emphasis added.)
This court holds that R. C. 305.12, which is a statutory abrogation of sovereign immunity, does not encompass snow removal operations.
Sovereign immunity is recognized in the Ohio Constitution by Section 16 of Article I, which…
2Cases cited8 opinions
- Bales v. Board of County CommissionersOhio Court of Appeals · 1928
- Lengyel v. BrandmillerOhio Supreme Court · 1942
- Pancake v. WakefieldOhio Court of Appeals · 1956
- Western Pennsylvania Natl. Bank v. RossCourt of Appeals for the Sixth Circuit · 1965
- Starling v. Bd. of Commrs. of Portage CountyOhio Court of Appeals · 1935
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Heckert v. PatrickOhio Supreme Court · 1984
- Dickerhoof v. City of CantonOhio Supreme Court · 1983
- Royce v. SmithOhio Supreme Court · 1981
- Feitshans v. Darke CountyOhio Court of Appeals · 1996
- Ruwe v. Board of County CommissionersOhio Supreme Court · 1986
5 more not listed; retrieve them via the Exa API.