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COMMERCE & INDUSTRY INS. CO. v. CITY OF TOLEDO

No. 88-577.

45 Ohio St. 3d 96 (1989)

COMMERCE & INDUSTRY INSURANCE COMPANY, APPELLEE, v. CITY OF TOLEDO ET AL., APPELLANTS; ABLE WAREHOUSE & DISTRIBUTING COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Harland Britz, Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, John L. Hopkins, Julius Denenberg, George F. Curran II, John A. Lawson and Dana L. Ramsay, for appellee Commerce & Industry Ins. Co.

J. Michael Vassar and Joseph P. Dawson, for appellee Able Warehouse & Distributing Co.

James N. Turner, for appellant city of Toledo.

Thomas E. Morgan, Roger C. Post and James R. Berendsen, for appellant Columbia Gas of Ohio, Inc.

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

H. BROWN, J.

This case presents two questions. The first is whether Columbia Gas is entitled to summary judgment. The second is whether Toledo is protected from liability by either the public duty rule or former R.C. 701.02(B). We answer the first query in the affirmative and in response to the second query we find that Toledo was partially but not totally protected by the public duty rule.

I

Appellees claim that Columbia Gas was negligent in (1...

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