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ZAGORSKI v. SOUTH EUCLID-LYNDHURST CITY SCHOOL DISTRUCT BOARD OF EDUCATION

No. 84-235.

15 Ohio St. 3d 10 (1984)

ZAGORSKI ET AL., APPELLEES, v. SOUTH EUCLID-LYNDHURST CITY SCHOOL DISTRICT BOARD OF EDUCATION, APPELLANT.

Supreme Court of Ohio.

Decided December 19, 1984.

Attorney(s) appearing for the Case

Messrs. Carlin & Carlin, Mr. William A. Carlin and Mr. Paul Carpenter, for appellees.

Messrs. Squire, Sanders & Dempsey, Mr. Robin G. Weaver and Ms. Kathryn L. Roseen, for appellant.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Mr. Robert T. Baker and Mr. Matthew J. DeTemple, urging reversal for amicus curiae, Ohio School Boards Association.

Per Curiam.

The issue presented in this case is whether this court's holding in Carbone v. Overfield, supra, that the defense of sovereign immunity is no longer available to insulate a board of education from tort liability, is to be applied prospectively only. For the reasons that follow, this court affirms the decision of the court of appeals and holds that Carbone is not to be limited to prospective application only.

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