Commerce & Industry Insurance v. City of Toledo

This case presents two questions. The first is whether Columbia Gas is entitled to summary judgment. The second is whether Toledo is protected from liability by either the public duty rule or former R.C. 701.02(B). We answer the first query in the affirmative and in response to the second query we find that Toledo was partially but not totally protected by the public duty rule.

I

Appellees claim that Columbia Gas was negligent in (1) failing to investigate whether shutting off gas service would jeopardize the fire protection system, (2) failing to warn representatives of the fire department or…