Legal Opinion

Walker v. City of Toledo

Ohio Court of Appeals

Decided November 20, 2009No. L-09-1004Published

1Opinion of the Court

Pietrykowski, Judge.

{¶ 1} This is an appeal of a judgment denying appellants’ pretrial motion for judgment on the pleadings based upon the defense of immunity under R.C. Chapter 2744. The Lucas County Court of Common Pleas overruled appellants’ motion in a judgment filed on December 9, 2008.

{¶ 2} A judgment denying a Civ.R. 12(C) motion for judgment on the pleadings based upon claimed immunity under R.C. Chapter 2744 is subject to immediate appeal under R.C. 2744.02(C). Jones v. Lucas Cty. Sheriffs Dept., 183 Ohio App.3d 331, 2009-Ohio-3805, 916 N.E.2d 1134, ¶ 9; see Sullivan v. Anderson, 122…

2Cases cited11 opinions

  1. O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
  2. State Ex Rel. Hanson v. Guernsey County Board of CommissionersOhio Supreme Court · 1992
  3. Perrysburg Township v. City of RossfordOhio Supreme Court · 2004
  4. Fabrey v. McDonald Village Police DepartmentOhio Supreme Court · 1994
  5. Thompson v. McNeillOhio Supreme Court · 1990

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