Opinion

Franks v. Lopez

  • 69 Ohio St. 3d 462
Court
Ohio Supreme Court
Filed
Jan 15, 1994
Status
Published
Author
Pfeifer
On the bench
Pfeifer
Cited by
0 cases
Authority
More cited than 15.2%

The opinion

Pfeifer, J.,

concurring in part and dissenting in part. I concur in the majority’s holding that questions of fact remain regarding the township’s alleged negligence in failing to maintain the reflectorized sign, its failure to comply with the manual, and the county’s duty to install a guardrail.

I dissent from the holding that the township and county are immune from claims for defective design and construction and the failure to erect proper signage. For the reasons stated in my concurrence in Garrett v. Sandusky (1993), 68 Ohio St.3d 139, 142 , 624 N.E.2d 704, 707 , it is contrary to the Ohio Constitution to hold that a governmental entity is immune from suit simply by virtue of its status as sovereign.

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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