Colbert v. City of Cleveland

I. Introduction

{¶ 1} Today we are asked to interpret the term “emergency call,” as used in R.C. 2744.02(B)(1)(a), which provides a defense to political-subdivision tort liability. Generally, a political subdivision will not be liable for damages caused by a police officer’s negligent operation of a motor vehicle if the officer was responding to an emergency call at the time of the accident.

{¶ 2} Appellant, James Colbert, argues that an “emergency call” must involve an inherently dangerous situation to be present. Appellee, the city of Cleveland, argues that an emergency call requires a “call…