Opinion
2005-2032.
December 28, 2005.
Trumbull App. No. 2004-T-0092, 2005-Ohio-4765.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals judgment entry filed October 6, 2005:
"Whether a political subdivision's immunity from liability under R.C. 2744.03(A)(5) applies only to the acts of the political subdivision and not to the acts of the employees of the political subdivision."
PFEIFER, J., dissents.
The conflict cases are Pope v. Trotwood-Madison City School Dist. Bd. of Edn., Montgomery App. No. 20072, 2004-Ohio-1314; Hughes v. Wadsworth City School Dist. (Mar. 29, 2000), Medina App. No. 2961-M; Thompson v. New Miami Local School Dist. (Sept. 8, 1998), Butler App. No. CA98-03-051; Moore v. Southeastern Local School Dist. (Mar. 29, 1996), Clark App. No. 95-CA-23; Harland v. W. Clermont Local School Dist. (Aug. 1, 1994), Clermont App. No. CA94-01-006; and Mosely v. Dayton City School Dist. (July 6, 1989), Montgomery App. No. 11336.
Sua sponte, cause consolidated with Elston v. Howland Local Schools, Trumbull App. No. 2004-T-0092, 2005-Ohio-4765.