Harp v. City of Cleveland Heights

In order to determine whether summary judgment was appropriately granted in this case, we must first decide whether a political subdivision can be held liable under R.C. 2744.02(B)(3) for injuries that result when a tree limb falls upon a public road from adjacent land that is also within the political subdivision’s control. In particular, we are asked to decide whether a defective tree limb that threatens to fall onto a public road, but does not physically obstruct traffic, can constitute a nuisance for purposes of R.C. 2744.02(B)(3).

R.C. 2744.02(A)(1) provides that a political subdivision…