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JACKSON v. NATIONAL GAS & OIL CO.

No. 83-34.

12 Ohio St. 3d 329 (1984)

JACKSON ET AL., APPELLANTS AND CROSS-APPELLEES, v. NATIONAL GAS & OIL CO. ET AL., APPELLEES; BOARD OF LICKING TOWNSHIP TRUSTEES, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided August 15, 1984.

Attorney(s) appearing for the Case

Messrs. Glander, Brant, Ledman & Newman, Mr. Douglas S. Roberts and Mr. Charles E. Brant, for appellants and cross-appellees.

Messrs. McNamara & McNamara and Mr. John L. Miller, for appellee National Gas and Oil Co.

Messrs. Reese, McNenny, Pyle & Drake, Mr. James H. McNenny and Mr. Gerald A. Erhard, Jr., for appellee and cross-appellant Board of Licking Township Trustees and appellee Dwight Wince.

Per Curiam.

The first issue we address is the propriety of the order dismissing Dwight Wince. Contrary to the assertions of appellants, this dismissal was not based on the doctrine of sovereign immunity. In fact, R.C. 5571.10 specifically provided that:

"Each board of township trustees shall be liable, in its official capacity, for damages received by any person, firm, or corporation, by reason of the negligence or carelessness of such board in the...

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