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YOUNG v. CUYAHOGA CTY. BD. OF MENTAL RETARDATION & DEV. DISABILITIES

No. 95955.

2011 Ohio 2291

JAMES YOUNG, ADMINISTRATOR, PLAINTIFF-APPELLEE, v. CUYAHOGA COUNTY BOARD OF MRDD, ET AL. DEFENDANTS-APPELLANTS.

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

RELEASED AND JOURNALIZED: May 12, 2011.

Attorney(s) appearing for the Case

Nick C. Tomino, Esq. , Tomino & Latchney, L.L.C., L.P.A., 803 East Washington Street, Suite 200 Medina, Ohio 44256, Attorney for Appellants.

Stuart E. Scott, Esq. , Peter J. Brodhead, Esq. , Nicholas A. Dicello, Esq. , Melissa Z. Kelly, Esq. , Spangenberg, Shibley & Liber, L.L.P., 1001 Lakeside Avenue, East, Suite 1700, Cleveland, Ohio 44114, Mark S. Fishman, Esq. , 526 Superior Avenue, The Leader Building, Suite 853, Cleveland, Ohio 44114, Attorneys for Appellee.

BEFORE: E. Gallagher, J., Sweeney, P.J., and Keough, J.

JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.

{¶ 1} The Cuyahoga County Board of Mental Retardation and Developmental Disabilities (hereinafter the Board), appeals from the decision of the trial court denying its motion for judgment on the pleadings. The Board claims it was entitled to immunity under Ohio's Political Subdivision Tort Liability Act and that the trial court committed reversible error in not recognizing such immunity....

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