ELSTON v. HOWLAND LOCAL SCHOOLS

Nos. 2005-1993 and 2005-2032.

113 Ohio St.3d 314 (2007)

2007-Ohio-2070

ELSTON ET AL., APPELLEES, v. HOWLAND LOCAL SCHOOLS, APPELLANT.

Supreme Court of Ohio.

Decided May 16, 2007.


Attorney(s) appearing for the Case

Betras, Maruca & Kopp, L.L.C., and Brian P. Kish, for appellees. Tomino & Latchney, L.L.C., L.P.A., and Nick C. Tomino, for appellant.

Subashi, Wildermuth & Ballato, and Nicholas E. Subashi, urging reversal for amici curiae. Ohio School Boards Association, Buckeye Association of School Administrators, Ohio Association of School Business Officials, Ohio Education Association, and Ohio Federation of Teachers.

Thomas C. Drabick, urging reversal for amicus curiae Ohio Association of Public School Employees/AFSCME Local 4, AFL-CIO.


O'DONNELL, J.

{¶ 1} This case is presented to us as a certified conflict between appellate jurisdictions divided over resolution of the following legal issue: "Whether a political subdivision's immunity from liability under R.C. 2744.03(A)(5) applies only to the acts of the political subdivision, and not to the acts of the employees of the political subdivision."

{¶ 2} The Howland Local School District appeals...

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