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Appeals court upholds dismissal of civil suit
YOUNGSTOWN
The 7th District Court of Appeals has upheld the dismissal of a civil lawsuit filed by a Lansdowne Boulevard woman who was injured in a collision with a city police car, whose driver, she said, was recklessly chasing a suspected felon.
In a 2-1 decision, the appellate court upheld last week the dismissal of Karen Adams’ lawsuit against the city and Patrolman William Ward that pertained to a 3 p.m. crash Feb. 6, 2005, at McGuffey Road and Lansdowne Boulevard on the city’s East Side.
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court dismissed the suit without a trial at the request of Ward and the city, ruling that Ward may have been “somewhat negligent,” but his conduct wasn’t wanton, willful or reckless.
With limited exceptions, the legal principle of sovereign immunity makes local governments and their employees immune from liability if they are performing a legitimate government function, the appeals court majority noted.
Under Ohio law, exceptions to governmental immunity from lawsuits occur when a government employee’s conduct is malicious, in bad faith, or willful, wanton or reckless, the majority noted.
Ward’s lights and sirens were activated as he pursued the suspected felon west on McGuffey Road on a clear, dry day; and he slowed from 45 to 40 mph as he entered the intersection before colliding with Adams’ car, which was northbound on Lansdowne, the appeals court said. Adams and Ward were injured in the crash.
The city’s pursuit policy requires police to slow to 25 mph when passing through intersections. McGuffey Road’s speed limit is 35 mph.
Presiding Judge Joseph J. Vukovich wrote the majority opinion, with Judge Cheryl L. Waite concurring.
In her partial dissent, Judge Mary DeGenaro wrote that she agreed with Judge D’Apolito’s finding that Ward’s behavior wasn’t wanton, willful or reckless.
However, she said the lawsuit should have been returned to Judge D’Apolito for consideration of Adams’ claims that the city didn’t adequately train Ward concerning pursuits and wrongly entrusted the police car to Ward.
Judge D’Apolito did not address those two claims when he dismissed the suit, Judge DeGenaro wrote.