# Franks v. Lopez

> Ohio Supreme Court · January 15, 1994 · 69 Ohio St. 3d 462

URL: https://www.frixlaw.com/law-library/cases/6769563

## Case

- **Full name:** Franks, Admr., and v. Lopez, f.k.a. Munguia, and Cross-Appellee Sandusky Township Board of Trustees, and
- **Court:** Ohio Supreme Court
- **Decided:** January 15, 1994
- **Citations:** 69 Ohio St. 3d 462
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pfeifer
- **Judges:** Pfeifer
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6769563

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6769563. Public record. Not legal advice.