Legal Opinion

Adamsky v. Buckeye Local School District

Ohio Supreme Court

Decided August 30, 1995No. 94-811PublishedCited by 51 opinions

1Opinion of the Court

Francis E. Sweeney, Sr., J.

The sole issue before this court is whether R.C. 2744.04(A) is unconstitutional as applied to minors. For the following reasons, we hold that it is and, accordingly, reverse the judgment of the court of appeals.

The Ohio General Assembly enacted R.C. 2744.04 in 1985 as part of the Political Subdivision Tort Liability Act. 141 Ohio Laws, Part I, 1699. Appellee, a school board, is a political subdivision included within this Act. R.C. 2744.01(F). The provision of the Act in question, R.C. 2744.04(A),1 provides that an action against a political subdivision to recover…

2Cases cited5 opinions

  1. Fabrey v. McDonald Village Police DepartmentOhio Supreme Court · 1994
  2. Morris v. SavoyOhio Supreme Court · 1991
  3. Schwan v. Riverside Methodist HospitalOhio Supreme Court · 1983
  4. State v. BuckleyOhio Supreme Court · 1968
  5. Roseman v. Firemen & Policemen's Death Benefit FundOhio Supreme Court · 1993

3Cited by51 opinions

  1. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  2. Jane Doe, a Minor Child, by Next Friend, Leslie G. Fein v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1996
  3. DeRolph v. StateOhio Supreme Court · 1997
  4. State v. SamatarOhio Court of Appeals · 2003
  5. Ohio University Board of Trustees v. SmithOhio Court of Appeals · 1999

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