Court of Appeals of Ohio, Eighth District, Cuyahoga
LAURA BRADSHAW, ET AL. PLAINTIFFS
NEW VILLAGE CORPORATION DEFENDANT-APPELLEE [Appeal by City of Cleveland, Third-Party Defendant-Appellant]
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Barbara A. Langhenry Law Director
City of Cleveland BY: Elizabeth M. Crook Assistant City
ATTORNEYS FOR APPELLEES For New Village Corporation Joseph A.
Ferrante Nationwide Insurance Co. Lavell O. Payne Nationwide
Laura L. Bradshaw John P. Goodrich.
Douglas Bradshaw Paul Grieco Adeladi Olufemi Williams
Landskroner Grieco Merriman, L.L.C.
BEFORE: E.T. Gallagher, J., E.A. Gallagher, A.J., and Boyle,
JOURNAL ENTRY AND OPINION
T. GALLAGHER, Judge.
Defendant-appellant, city of Cleveland, appeals the denial of
its motion to dismiss a third-party complaint filed against
it by defendant-third-party plaintiff, New Village
Corporation. The city raises one assignment of error:
The trial court erred in denying the city's motion to
dismiss because there are no facts that would strip the
city's immunity from New Village Corporation's third
party complaint under R.C. 2744 et seq.
We find merit to the appeal and reverse the trial court's
Facts and Procedural History
In April 2015, plaintiff-appellee, Linda Bradshaw, tripped
and fell on a sidewalk outside a Family Dollar store on West
25th Street in Cleveland. Linda sustained multiple patella
fractures in her left knee and was treated for injuries at
MetroHealth Medical Center. She later underwent two knee
surgeries as well as physical and occupational therapy to
restore her knee function.
Linda and her husband, Douglas Bradshaw, subsequently filed a
complaint against New Village and Family Dollar Stores of
Ohio, alleging that they negligently failed to maintain the
sidewalk in a safe condition and that their negligence
proximately caused Linda's injuries. Douglas alleged a
loss of consortium claim resulting from his wife's
injuries. New Village filed a third-party complaint against
Cleveland, alleging that Cleveland owed the Bradshaws a duty
of care to maintain the public sidewalks in a safe condition
and that Cleveland, not New Village, was liable for the
Cleveland filed a motion to dismiss the third-party complaint
pursuant to Civ.R. 12(B)(6), arguing it was immune from
liability under R.C. Chapter 2744, Ohio's Political
Subdivision Tort Liability Act, because the maintenance of a
public sidewalk is a governmental function. New Village
opposed the motion, arguing that Cleveland was not entitled
to immunity because Linda did not fall on a traditional
sidewalk. New Village also asserted that even if Linda fell
on a traditional sidewalk, Cleveland was not entitled to
immunity because Cleveland voluntarily assumed liability when
it enacted Cleveland Codified Ordinances ("C.C.O.")
173 pursuant to the "Home Rule ...