Zagorski v. South Euclid-Lyndhurst City School District Board of Education

The issue presented in this case is whether this court’s holding in Carbone v. Overfield, supra, that the defense of sovereign immunity is no longer available to insulate a board of education from tort liability, is to be applied prospectively only. For the reasons that follow, this court affirms the decision of the court of appeals and holds that Car-bone is not to be limited to prospective application only.

In Carbone, at 213-214, this court established the following rule of law:

“* * * [B]oards of education are now liable for tortious acts in the same manner as private individuals.

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