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SPAIN v. BENTLEYVILLE

No. 92378.

2009 Ohio 3898

Henry A. Spain, et al., Plaintiffs-Appellees, v. Village of Bentleyville, et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 6, 2009.

Attorney(s) appearing for the Case

Nick C. Tomino, Tomino & Latchney LLC, LPA, 803 East Washington Street, Suite 200, Medina, Ohio 44256, Attorney for Appellants.

Charles Kampinski, 85 Ridgecreek Trail, Moreland Hills, Ohio 44022, Attorney for Appellees.

Before: Rocco, J., Cooney, A.J., and Dyke, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.:

{¶ 1} Defendant-appellant, the Village of Bentleyville, appeals from a common pleas court order overruling its motion for summary judgment on the basis of sovereign immunity. It asserts that its police officer responded to a call to duty by performing routine patrol duties, and thus was responding to an "emergency call," for which the village was immune from liability under R.C. 2744.02(B...

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