YORK v. OHIO STATE HIGHWAY PATROL

No. 90-1264.

60 Ohio St. 3d 143 (1991)

YORK, ADMINISTRATRIX, APPELLEE, v. OHIO STATE HIGHWAY PATROL, APPELLANT.

Supreme Court of Ohio.

Decided June 12, 1991.


Attorney(s) appearing for the Case

Miller, Stillman & Bartel, Willard E. Bartel and Charles E. Wagner, for appellee.

Lee I. Fisher, attorney general, William J. McDonald and Simon B. Karas, for appellant.


ALICE ROBIE RESNICK, J.

The first question we must address is whether the State Highway Patrol, as an agency of the state of Ohio, is immune from liability on this claim. R.C. 2744.02 sets the parameters for the liability of political subdivisions for tortious acts committed by their employees. R.C. 2744.02(B)(1) provides that "* * * political subdivisions are liable for injury, death, or loss to persons or property caused by the negligent operation of any motor vehicle...

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