Opinion

Carbone v. Overfield

  • 6 Ohio St. 3d 212
  • 6 Ohio B. 264
  • 451 N.E.2d 1229
  • 1983 Ohio LEXIS 808
Court
Ohio Supreme Court
Filed
Aug 10, 1983
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Locher, Only, Sweeney
Cited by
19 cases
Authority
More cited than 15.1%

The opinion

Holmes, J.,

dissenting. I dissent from this opinion based upon my commentary in other recent opinions of this court which judicially abolish sovereign immunity. See King v. Williams (1983), 5 Ohio St. 3d 137, 141 ; Enghauser Mfg. Co. v. Eriksson Engineering Ltd. (1983), 6 Ohio St. 3d 31, 37-38 ; Strohofer v. Cincinnati (1983), 6 Ohio St. 3d 118, 126 ; Dickerhoof v. Canton (1983), 6 Ohio St. 3d 128, 131 .

Additionally, here, I must emphatically dissent, in that boards of education have had no statutory authority to purchase liability insurance to insure themselves as corporate bodies against tort liability. R.C. 3313.203(A) only allows a board of education to purchase liability insurance for individuals acting in their official capacities as members of the board or employees of the board.

Also, the Ohio Attorney General has opined that “in the absence of [specific] statutory authority, a board of education has no power to purchase insurance for a liability arising out of risks other than certain ones pertaining *215 to the operation of motor vehicles” for which there is specific statutory authorization. 1971 Ohio Atty. Gen. Ops. No. 71-028, at 2-89.

Accordingly, at the very least, this court, in its extension of its policy of abrogation of the doctrine of sovereign immunity to school boards, should do so prospectively only, as should be the application of such abolition in the instance of all governmental entities.

Consequently, I would affirm the judgment of the court of appeals.

Locher, J., concurs in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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