SAWICKI v. VILLAGE OF OTTAWA HILLS

No. 87-213.

37 Ohio St. 3d 222 (1988)

SAWICKI ET AL., APPELLEES, v. VILLAGE OF OTTAWA HILLS, APPELLANT; CITY OF TOLEDO, APPELLEE.

Supreme Court of Ohio.

Decided June 29, 1988.


Attorney(s) appearing for the Case

Connelly, Soutar & Jackson, William M. Connelly, Steven P. Collier and Kevin E. Joyce, for appellees Marsha Ann Sawicki and Leslie Ann Sawicki.

Manahan, Pietrykowski, Bamman & Delaney, John A. Pietrykowski and Gerald R. Kowalski, for appellant.

Sheldon M. Rosen, director of law, and Robert G. Young, for appellee city of Toledo.

Calfee, Halter & Griswold and John E. Gotherman, urging reversal for amicus curiae, Ohio Municipal League.


HOLMES, J.

In the case sub judice the trial court instructed the jury upon ordinary negligence principles as well as those of the public duty-special duty theories of liability. As a matter of law, neither legal theory suffices to establish appellant's liability under the circumstances within the record before us. Accordingly, and for the reasons which follow, we reverse the determinations of the courts below.

I

The current law as expressed...

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