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HOWARD v. MIAMI TWP. FIRE DIV.

No. 2007-0873.

119 Ohio St.3d 1 (2008)

2008-Ohio-2792

HOWARD, Appellee, ET AL., v. MIAMI TOWNSHIP FIRE DIVISION ET AL., Appellants.

Supreme Court of Ohio.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Dyer, Garofalo, Mann & Schultz, L.P.A., and John A. Smalley, for appellee.

Surdyk, Dowd & Turner Co., L.P.A., Robert J. Surdyk, and Dawn M. Frick, for appellants.

Paul W. Flowers Co., L.P.A., and Paul Flowers; and Gibson & O'Keefe Co., L.P.A., and Stephen P. O'Keefe, urging affirmance for amicus curiae Ohio Association for Justice.

O'CONNOR, J.

{¶ 1} This appeal presents a discrete issue: Is an accumulation of ice on a roadway an "obstruction" within the meaning of R.C. 2744.02(B)(3). We hold that it is not.

RELEVANT BACKGROUND

{¶ 2} Because this case was decided on a motion for summary judgment, we view the facts in the light most favorable to appellee, Donald Howard, as administrator of the estate of Christopher Howard, against...

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