ESTATE OF GRAVES v. CIRCLEVILLE

No. 2009-0014.

124 Ohio St.3d 339 (2010)

2010-Ohio-168

ESTATE OF GRAVES, APPELLEE, v. CITY OF CIRCLEVILLE; SHAW ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 28, 2010.


Attorney(s) appearing for the Case

Cooper & Elliott, L.L.C., Rex H. Elliott, Charles H. Cooper Jr., and John C. Camillus, for appellee.

Mazanec, Raskin, Ryder & Keller Co., L.P.A., John T. McLandrich, James A. Climer, and Frank H. Scialdone, for appellants.

Joseph M. Hegedus, urging reversal for amicus curiae Ohio Patrolmen's Benevolent Association.

Subashi & Wildermuth, Brian L. Wildermuth, and Halli J. Brownfield, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Isaac, Brant, Ledman and Teetor, L.L.P., Mark Landes, and Andrew N. Yosowitz, urging reversal for amici curiae County Commissioners' Association of Ohio, Ohio School Boards Association, Public Children Services Association of Ohio, Ohio Job and Family Services Directors' Association of Ohio, County Risk Sharing Authority, Ohio Township Association, and Ohio Association of Behavioral Health Authorities.

Kitrick, Lewis & Harris Co., L.P.A., and Mark M. Kitrick, urging affirmance for amicus curiae Ohio Association for Justice.


O'CONNOR, J.

{¶ 1} This appeal involves the availability of the public-duty rule as a defense to liability of employees of a political subdivision. Appellants, Circleville Police Department Officers Peter Shaw, William Eversole, and Ben Carpenter1 ("the officers"), assert that the public-duty rule governs the issue whether an employee of a political subdivision...

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