Howard v. Miami Township Fire Division

{¶ 1} This appeal presents a discrete issue: Is an accumulation of ice on a roadway an “obstruction” within the meaning of R.C. 2744.02(B)(3)? We hold that it is not.

Relevant Background

{¶ 2} Because this case was decided on a motion for summary judgment, we view the facts in the light most favorable to appellee, Donald Howard, as administrator of the estate of Christopher Howard, against whom the trial court entered summary judgment. State ex rel. Zimmerman v. Tompkins (1996), 75 Ohio St.3d 447, 448, 663 N.E.2d 639.

{¶ 3} On January 24, 2004, appellant Miami Township Fire Department conducted…