Is Driving Over Speed Limit Sufficient Basis to Deny City's Immunity Claim for Fire Engine Crash During Emergency Run?
Under State's Political Subdivision Immunity Statute
Cynthia Anderson, Adm. of the Estate of Ronald E. Anderson and Javarre J. Tate v. City of Massillon et al., Case no. 2011-0743
5th District Court of Appeals (Stark County)
ISSUES:
Is the fact that a fire truck responding to an emergency call was traveling faster than the posted speed limit at the time the truck collided with another vehicle sufficient to overcome the presumption of immunity from civil liability conferred on government agencies and their employees by Ohio's sovereign immunity statute?
Is there a material difference between "willful or wanton" conduct that must be shown to impose liability on a political subdivision for third-party damages under R.C. 2744.02(B)(1)(b), and "wanton or reckless" conduct that must be shown to defeat a claim of sovereign immunity by an individual public employee under R.C. 2744.03(A)(6)(b)?
