Sickles v. Jackson County Highway Department

Harsha, Presiding Judge.

{¶ 1} The Sickles family filed suit against Jackson County and Thomas Keaton, alleging that Keaton, a county employee, had negligently and recklessly operated a salt truck, causing them personal and derivative injuries. The defendants now appeal the trial court’s denial of their motion for summary judgment.

{¶ 2} Appellants contend that the Jackson County Highway Department is not a proper party, because the department does not have the capacity to sue or be sued. However, the trial court’s decision to deny the department summary judgment based on this argument did not…