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GREYHOUND FOOD MANAGEMENT INC. v. CITY OF DAYTON

No. 87-3396.

852 F.2d 866 (1988)

GREYHOUND FOOD MANAGEMENT INC., et al., Plaintiffs-Appellees, v. CITY OF DAYTON, Defendant-Appellant. FEDERAL INS. CO., et al., Plaintiffs-Appellees, v. CITY OF DAYTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1988.

Rehearing and Rehearing Denied September 15, 1988.

Attorney(s) appearing for the Case

Neil F. Freund, Jane M. Lynch (argued), Freund, Freeze & Arnold, Dayton, Ohio, for defendant-appellant.

F. Thomas Greene, Green & Green, Dayton, Ohio, Sam G. Caras (argued), for Indiana Ins. Co.

Gregory C. Gibson, Jenks & Myers Co., Dayton, Ohio, for Federal Ins. Co.

William H. Thornburgh, Thornburgh, Ferguson & Weaver, Dayton, Ohio, for Cincinnati Ins. Co.

Before MILBURN and BOGGS, Circuit Judges, and ALDRICH, District Judge.

Rehearing and Rehearing En Banc Denied September 15, 1988.

ANN ALDRICH, District Judge.

In this consolidated appeal, the City of Dayton appeals from the district court's ruling that § 2744.05(B) of the Ohio Revised Code, which limits the tort liability of political subdivisions, may not be applied retroactively. For the reasons set forth below, we affirm.

I

In January 1983, a 24-inch water main, for which the defendant City of Dayton...

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