Opinion

Cater v. City of Cleveland

  • 83 Ohio St. 3d 24
Court
Ohio Supreme Court
Filed
Aug 19, 1998
Status
Published
Author
Pfeifer
On the bench
Cook, Douglas, Hadley, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney, Syllabus, Third
Cited by
246 cases
Authority
More cited than 15.2%

Abrogated on other grounds by M.H. v. City of Cuyahoga Falls, 134 Ohio St. 3d 65 (2012)

“Appellants further contend that R.C. 2744.03(A)(5) provides an independent basis for imposing liability on the city. We reject this contention.... R.C. 2744.03(A)(5) is a defense to liability; it cannot be used to establish liability.”

How later courts described this case

  • “Appellants further contend that R.C. 2744.03(A)(5) provides an independent basis for imposing liability on the city. We reject this contention.... R.C. 2744.03(A)(5) is a defense to liability; it cannot be used to establish liability.”

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by M.H. v. City of Cuyahoga Falls, 134 Ohio St. 3d 65 (2012)

    83 Ohio St.3d 24, 28 (1998), abrogated on other grounds, M.H. v. Cuyahoga Falls, 2012-Ohio-5336, ¶ 9-10
    Ohio Supreme CourtNov 20, 20126 citing opinionsother groundsRead it

The opinion

Pfeifer, J.,

concurring. I concur because of my belief that Ohio’s sovereign immunity statute is unconstitutional. See Garrett v. Sandusky (1994), 68 Ohio St.3d 139,141 , 624 N.E.2d 704, 706 (Pfeifer, J., concurring).

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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