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TURNER v. CENT. LOCAL SCHOOL DIST.

No. 97-2150.

85 Ohio St.3d 95 (1999)

TURNER ET AL., APPELLANTS AND CROSS-APPELLEES, v. CENTRAL LOCAL SCHOOL DISTRICT, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Blumenstiel, Huhn, Wood & Adams and Mark A. Adams, for appellants and cross-appellees.

Weaner, Zimmerman, Bacon, Yoder & Hubbard Ltd. and Stanley J. Yoder, for appellee and cross-appellant.

Mark W. Ruf. urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Kimball H. Carey, Katherine A. Francis and Matthew J. Markling, urging reversal for amicus curiae, Ohio School Boards Association.

Baumgartner & O'Toole, L.P.A., and Daniel D. Mason, urging reversal for amici curiae, Avon, Keystone, and Perkins Local School Districts.

Submitted October 14, 1998 at the Mercer County Session.

FRANCIS E. SWEENEY, SR., J.

We are asked to determine, inter alia, the application of the Political Subdivision Tort Liability Act, R.C. Chapter 2744, to this action. For the following reasons, we find that Central waived its right to assert the statutory immunity defense embraced within R.C. Chapter 2744 and reverse the court of appeals' judgment on this issue. However, we affirm...

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