Fahnbulleh v. Strahan

I

Appellant contends the court of appeals erred in affirming the trial court’s ruling on appellees’ motion to dismiss, pursuant to Civ.R. 12(B)(6). The trial court found that both appellees were immune from liability pursuant to R.C. 2744.02. The appellate court cited O’Brien v. Univ. Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753, wherein this court held: “In order for a court to dismiss a complaint for failure to state a claim upon which relief can be granted (Civ.R. 12(B)(6)), it must appear beyond doubt from the complaint that the plaintiff can prove…