Sawicki v. Village of Ottawa Hills

In the case sub judice the trial court instructed the jury upon ordinary negligence principles as well as those of the public duty-special duty theories of liability. As a matter of law, neither legal theory suffices to establish appellant’s liability under the circumstances within the record before us. Accordingly, and for the reasons which follow, we reverse the determinations of the courts below.

I

The current law as expressed in R.C. 2744.01(C)(2)(a) and 2744.02(A) (1) appears to immunize municipal corporations from liability deriving from the actions of their police officers. However, the…