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SPARKS v. KLEMPNER

No. 11AP-242.

2011 Ohio 6456

Sylvia L. Sparks, et al., Plaintiffs-Appellees, v. Matthew L. Klempner, et al., Defendants-Appellees, (City of Columbus & Officer P.J. Belmonte, Defendants-Appellants).

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on December 15, 2011.

Attorney(s) appearing for the Case

Hyslop & Hyslop Co., L.P.A., and Bruce A. Hyslop , for appellees Sylvia Sparks and Proctor Sparks.

M. Andrew Sway , for appellee Owners Insurance Co.

Richard C. Pfeiffer, Jr. , City Attorney, Lara N. Baker , City Prosecutor, and Janet R. Hill , for appellants.

DECISION

KLATT, J.

{¶1} Defendants-appellants, the City of Columbus ("City") and Officer P.J. Belmonte ("Belmonte"), appeal a judgment of the Franklin County Court of Common Pleas denying defendants immunity from the claims of plaintiffs-appellees, Sylvia L. Sparks and Proctor C. Sparks. For the following reasons, we reverse that judgment.

{¶2} The City's division of police employs Belmonte as a police officer...

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