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HARP v. CITY OF CLEVELAND HTS.

No. 98-2010.

87 Ohio St.3d 506 (2000)

HARP, ADMR., APPELLANT, v. CITY OF CLEVELAND HEIGHTS, APPELLEE.

Supreme Court of Ohio.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Richard L. Demsey and Kathleen J. St. John, for appellant.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., John M. Baker and Hilary S. Taylor; John H. Gibbon, Director of Law, City of Cleveland Heights, and Laure A. Wagner, Assistant Director of Law, for appellee.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging affirmance for amicus curiae, Ohio Municipal League.

ALICE ROBIE RESNICK, J.

In order to determine whether summary judgment was appropriately granted in this case, we must first decide whether a political subdivision can be held liable under R.C. 2744.02(B)(3) for injuries that result when a tree limb falls upon a public road from adjacent land that is also within the political subdivision's control. In particular, we are asked to decide whether a defective tree limb that threatens to fall onto a public...

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