Murray v. Chillicothe

Harsha, Judge.

{¶ 1} After he fell through a sewer grate located in the right-of-way for a city street, Michael Murray sued the landowner and the city of Chillicothe to recover for his injuries. When the court granted summary judgment to the city of Chillicothe on the basis that it is immune from liability, Murray appealed. Initially, Murray argues that the court erred in finding that this case involves the design of a storm-sewer system, which is a governmental function. He contends that his injury resulted from the city’s failure to maintain the sewer, which is a proprietary function.…