Riotte v. City of Cleveland

Larry A. Jones, Judge.

{¶ 1} Defendants-appellants, the city of Cleveland and Officer Daniel Brill, appeal the trial court’s judgment denying their Civ.R. 12(B)(6) motion to dismiss. We affirm in part and reverse in part the judgment and remand the cause.

I

{¶ 2} Samuel Riotte, administrator of the estate of Emil Azzam, filed this action against several defendants, including the city of Cleveland and Cleveland Police Officer Daniel Brill. The first amended complaint alleges the following. On December 12, 2008, Azzam was traveling south on State Route (“SR”) 176 in the city of Cleveland. The…