Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bartchak v. Columbia Township

Court of Appeals of Ohio, Ninth District, Lorain

July 30, 2018

THERESE M. BARTCHAK, et al. Appellees
v.
COLUMBIA TOWNSHIP AND LIVERPOOL TOWNSHIP Appellants

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 14-CV-183647

          GREGORY A. BECK and MEL L. LUTE, JR., Attorneys at Law, for Appellants.

          ABRAHAM CANTOR, Attorney at Law, for Appellants.

          KENNETH P. ABBARNO, and MICHAEL A. SALTZER, Attorneys at Law, for Appellees.

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL, J.

         {¶1} Columbia Township and Liverpool Township appeal a judgment entry of the Lorain County Court of Common Pleas that denied their motions for summary judgment. For the following reasons, this Court reverses.

         I.

         {¶2} Four teenagers died after using a railroad crossing to make their car go airborne, veering off the road after landing, and colliding with a tree. The parents of three of the children sued Columbia Township and Liverpool Township for wrongful death because the road the teens were driving on bordered those townships. Following discovery, the Townships moved for summary judgment, arguing that they are immune from liability under Revised Code Section 2744.02. The trial court granted their motions in part, but denied them as to the parents' claims that the Townships failed to remove obstructions from the road, failed to keep the road in repair, and failed to have mandatory road markings. The Townships have appealed, jointly assigning two errors.

         II.

ASSIGNMENT OF ERROR I
THE TRIAL COURT ERRED AS A MATTER OF LAW IN DETERMINING THERE WERE GENUINE ISSUES OF MATERIAL FACT AS TO WHETHER THE DESIGN OF THE BOSTON ROAD AT THE INTERSECTION OF THE RAILROAD TRACKS CONSTITUTED AN OBSTRUCTION.

         {¶3} The Townships argue that the trial court should have granted them summary judgment on all of the parents' claims because they have political subdivision immunity. Under Civil Rule 56(C), summary judgment is appropriate if:

(1) [n]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party.

Temple v. Wean United, Inc., 50 Ohio St.2d 317, 327 (1977). To succeed on a motion for summary judgment, the movant bears the initial burden of demonstrating that there are no genuine issues of material fact concerning an essential element of the opponent's case. Dresherv. Burt,75 Ohio St.3d 280, 292 (1996). If the movant satisfies this burden, the nonmoving party "must set forth specific facts showing that there is a genuine issue for trial." Id. at 293, quoting Civ.R. 56(E). This Court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.