Exceptions to Sweeping Sovereign Immunity Barriers
The general rule is that a political subdivision is immune from liability incurred in performing either a governmental function or a proprietary function. A careful review of RC 2744.02 (A) (1), (B), 2744.03 is necessary.
The immunity is not absolute. It is subject to statutory exceptions and defenses.
Defense counsel can be expected to argue that the political subdivision legitimately exercised its judgment discretion in how to use its resources.
Through investigative work you can often uncover evidence that the subdivision, in fact, used its discretion in a wanton or reckless manner. For example, in a negligent foliage claim involving leaves obstructing a STOP sign, did the defendant municipality have a formalized vegetative maintenance program? Was there reasonable compliance with the implementation of their own protocol?
