Sears v. City of Cincinnati

0’Neill, C. J.

This appeal again brings before this court the question of whether a municipality, which owns a municipal hospital, may assert the defense of governmental immunity in a suit for the negligent acts of the hospital’s employees occuring within the scope of their employment or agency.

The existing rule, as expressed in the syllabus of Hyde v. Lakewood, supra (2 Ohio St. 2d 155), is that:

“1. Unless there is a statute removing immunity, a governmental unit or agency may escape liability for the commission of a tort upon a showing that a governmental function was being performed at the…