Fitzpatrick v. Spencer, Unpublished Decision (4-16-2004)

OPINION

{¶ 1} This case arises from an automobile accident involving a police cruiser owned by the City of Moraine and a privately owned vehicle. The Defendants moved for summary judgment citing governmental immunity. The trial court granted the motion and the Plaintiff appeals. We reverse the trial court's grant of summary judgment and remand for further proceedings.

{¶ 2} The preliminary facts are not in dispute. At approximately 7:15 a.m. on June 15, 2001, Moraine Police Officer Jonathan Spencer responded to an alarm at a local drug store. He engaged the emergency lights on his City of…