MARSHALL v. PORTSMOUTH

No. 47505.

11 Ohio Misc. 123 (1967)

MARSHALL v. CITY OF PORTSMOUTH.

Court of Common Pleas of Scioto County.

Decided February 23, 1967.


Attorney(s) appearing for the Case

Mr. E. G. Littleton and Messrs. Wilson, Wilson & Wilson, for plaintiff.

Messrs. Miller, Searl & Fitch, for defendant.


STEPHENSON, J.

Plaintiff claims injuries by stepping into an alleged defect constituting a nuisance, in the surface of a parking lot, operated by the city of Portsmouth, Ohio, in connection with its municipal hospital. The answer raises, as one of defendant's defenses to the suit by plaintiff, the claim of governmental immunity. The defendant, by motion for summary judgment, has presented the question to the court as to whether the defense of governmental immunity...

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