Dickerhoof v. City of Canton

The issue presented is whether a complaint seeking to impose liability on a municipal corporation for injuries allegedly resulting from its negligence in failing to keep a shoulder of a highway in repair and free from nuisance states a claim for which relief can be granted. We must consider whether the trial court properly granted appellant’s motion for judgment on the pleadings.

The standard for dismissing a complaint for failure to state a claim upon which relief can be granted was set forth in O’Brien v. University Community Tenants Union (1975), 42 Ohio St. 2d 242 [71 O.O.2d 223]. This…