Garrett v. City of Sandusky

' Today we consider whether Mr. Garrett is entitled to pursue his wrongful death action against the city for the losses incurred as a result of his son’s death, which the city admits was caused by its own negligence. In order to avoid liability for its negligence at the Surfs Up wave pool, the city relies on R.C. 2744.01(C)(2)(u), formerly 2744.01(C)(2)(t), which states that a “swimming pool” is a “governmental” and not a “proprietary” function, and which the city contends exempts it from liability. This portion of the statute became effective three days before the Garrett child’s traumatic…