DeMARTINO v. POLAND LOCAL SCHOOL DISTRICT

No. 10 MA 19.

2011 Ohio 1466

Mark DeMartino, Plaintiff-Appellee, v. The Poland Local School District, et al., Defendants-Appellants.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: March 24, 2011.


Attorney(s) appearing for the Case

Atty. Dennis P. Mulvihill , Atty. Joseph P. Dunson , Lowe, Eklund, Wakefield & Mulvihill Co., 610 Skylight Office Tower, 1660 West Second Street, Cleveland, Ohio 44113-1454, for Plaintiff-Appellee.

Atty. David Kane Smith , Atty. Krista K. Keim , Atty. Lindsay F. Gingo , Britton, Smith, Peters & Kalail Co., 3 Summit Park Drive, Suite 400, Cleveland, Ohio 44131, for Defendants-Appellants.

Before: Cheryl L. Waite, Gene Donofrio, Cynthia Rice, of the Eleventh District Court of Appeals, sitting by assignment.


OPINION

WAITE, P.J.

{¶1} Appellants, Poland Local School District, Poland Local School District Board of Education, Nick Olesko, and Ben Mashburn, appeal the judgment entry of the trial court overruling their motion for judgment on the pleadings based on governmental immunity. In their first assignment of error, Appellants contend that the trial court erred in denying statutory immunity to the school district and the board. In their second...

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