CRAMER v. AUGLAIZE ACRES

No. 2005-1629.

113 Ohio St.3d 266 (2007)

2007-Ohio-1946

CRAMER, ADMR., APPELLANT, v. AUGLAIZE ACRES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 9, 2007.


Attorney(s) appearing for the Case

Wilson Law, Gregory D. Wilson, and Eric J. Wilson, for appellant.

Ritter, Robinson, McCready & James, Ltd., Brad A. Everhardt, Timothy C. James, and Mark P. Seitzinger, for appellees.

Paul W. Flowers Co., L.P.A., and Paul W. Flowers; Dickson & Campbell, L.L.C., and Blake A. Dickson, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Isaac, Brant, Ledman & Teetor, L.L.P., Mark Landes, and Michael V. Passella; Benesch, Friedlander, Coplan & Aronoff, L.L.P., and Martha J. Sweterlitsch, urging affirmance for amici curiae, County Commissioners Association of Ohio and Ohio County Homes Association.

Subashi, Wildermuth & Ballato, Nicholas Subashi, and Kate M. Rottmayer, urging affirmance for amicus curiae Ohio Association of Civil Trial Attorneys.

William F. Schenck, Greene County Prosecuting Attorney, and Amy D. Ikerd, Assistant Mercer County Prosecuting Attorney, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys' Association.


LANZINGER, J.

{¶ 1} In this discretionary appeal, we are asked whether governmental immunity, as set forth in R.C. Chapter 2744,1 applies to an unlicensed county nursing home and its employees. We hold that R.C. 3721.17(I)(1)2 specifically abrogates governmental immunity and grants a cause of action to residents of unlicensed county nursing homes against a political subdivision...

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