Mathis v. Cleveland Public Library

The first question presented in this appeal is whether the library may successfully assert a sovereign immunity defense. The second question is whether Morrison was entitled to summary judgment.

In Schenkolewski v. Metroparks System (1981), 67 Ohio St. 2d 31 [21 O.O.3d 19], this court abrogated the sovereign immunity formerly enjoyed by a board of commissioners of a park district, a political subdivision analogous to the library herein, to the extent that the injury complained of arose from the board’s exercise of a proprietary function. In the instant case the court below determined that…