COLBERT v. CITY OF CLEVELAND

No. 2002-0101.

99 Ohio St.3d 215 (2003)

2003-Ohio-3319

COLBERT, APPELLANT, v. CITY OF CLEVELAND, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 9, 2003.


Attorney(s) appearing for the Case

Peltz & Birne, Kenneth A. Birne, Kathleen A. Nitschke and Kristen L. Craig, for appellant.

Subodh Chandra, Director of Law, and Scott J. Davis, Assistant Director of Law, for appellee.

Byron & Byron Co., L.P.A., Barry M. Byron and Stephen L. Byron; and John Gotherman, urging affirmance for amicus curiae Ohio Municipal League.


LUNDBERG STRATTON, J.

I.Introduction

{¶ 1} Today we are asked to interpret the term "emergency call," as used in R.C. 2744.02(B)(1)(a), which provides a defense to political-subdivision tort liability. Generally, a political subdivision will not be liable for damages caused by a police officer's negligent operation of a motor vehicle if the officer was responding to an emergency call at the time of the accident.

{¶ 2} Appellant...

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