SEEGE v. SMITH

Appellate No. 26210.

2014-Ohio-5450

DONNA SEEGE, Plaintiff-Appellant, v. CHRISTOPHER B. SMITH, et al. Defendants-Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 12, 2014.


Attorney(s) appearing for the Case

DWIGHT BRANNON , Atty. Reg. No. 0021657, DOUGLAS D. BRANNON , Atty. Reg. No. 0076603, MATTHEW C. SCHULTZ , Atty. Reg. No. 0080142, 130 West Second Street, Suite 900, Dayton, Ohio 45402, Attorneys for Plaintiff-Appellant-Donna Seege.

NEIL F. FREUND , Atty. Reg No. 0012183, LEONARD J. BAZELAK , Atty. Reg. No. 0064023, 1 South Main Street, Suite 1800, Dayton, Ohio 45402, JOHN J. DANISH, Atty. Reg. No. 0046639, JOHN C. MUSTO , Atty. Reg. No. 0071512, 101 West Third Street, P.O. Box 22, Dayton, Ohio 45401, Attorneys for Defendant-Appellee-Christopher B. Smith Attorneys for Defendant Appellee-City of Dayton.

TODD SMITH , Atty. Reg. No. 0076794, 6047 Frantz Road, Suite 203, Dublin, Ohio 43017, Attorney for Defendants-Appellees-AARP and United Healthcare Services, Inc.

MARGARET SCHUTTE , Atty. Reg. No. 0078968, 200 West Second Street, Suite 200, Dayton, Ohio 45402, Attorney for Defendant-Appellee-U.S. Department of Health and Human Services.


OPINION

WELBAUM, J.

{¶ 1} In this case, Plaintiff-Appellant, Donna Seege, appeals from a summary judgment rendered in favor of Defendants-Appellees, Christopher Smith and the City of Dayton, on grounds of their statutory immunity under R.C. Chap. 2744. Seege contends that Appellees were not entitled to statutory immunity for an auto accident involving Smith and Seege. According to Seege, Smith was not on an emergency call at the time of...

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