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GARRETT v. CITY OF SANDUSKY

No. 92-742.

68 Ohio St.3d 139 (1994)

GARRETT, APPELLANT AND CROSS-APPELLEE, ET AL., v. CITY OF SANDUSKY, APPELLEE AND CROSS-APPELLANT, ET AL.

Supreme Court of Ohio.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Geoffrey L. Oglesby, for appellant and cross-appellee.

Carpenter, Paffenbarger, McGimpsey & Lux and Earl R. McGimpsey, for appellee and cross-appellant.

Per Curiam.

Today we consider whether Mr. Garrett is entitled to pursue his wrongful death action against the city for the losses incurred as a result of his son's death, which the city admits was caused by its own negligence. In order to avoid liability for its negligence at the Surf's Up wave pool, the city relies on R.C. 2744.01(C)(2)(u), formerly 2744.01(C)(2)(t), which states that a "swimming pool" is a "governmental" and not a "proprietary" function,...

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