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MARREK v. CLEVELAND METROPARKS BD. OF COMMRS.

No. 83-43.

9 Ohio St. 3d 194 (1984)

MARREK, APPELLANT, v. CLEVELAND METROPARKS BOARD OF COMMISSIONERS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Sindell, Sindell, Rubenstein, Einbund, Pavlik & Novak Co., L.P.A., Mr. William J. Novak and Mr. Gregory M. Ensign, for appellant.

Messrs. Kelley, McCann & Livingstone, Mr. Walter C. Kelley, Mr. Stephen M. O'Bryan and Ms. Michael Anne Johnson, for appellees.

CELEBREZZE, C.J.

This case presents the issue of whether a park district is protected by immunity from tort liability. This question requires a determination of whether the defense of sovereign immunity is available to the park district, and if not, whether statutory immunity applies. We conclude that the common-law doctrine of sovereign immunity has been abrogated, but that statutory immunity applies in this case.

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