# Turner v. Central Local School District

> Ohio Supreme Court · March 24, 1999 · 85 Ohio St. 3d 95

URL: https://www.frixlaw.com/law-library/cases/6779307

## Case

- **Full name:** Turner, and v. Central Local School District, and
- **Court:** Ohio Supreme Court
- **Decided:** March 24, 1999
- **Citations:** 85 Ohio St. 3d 95; 706 N.E.2d 1261
- **Precedential status:** Published
- **Opinion:** Concurrence by Pfeifer
- **Judges:** Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 152 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/6779307

## How later opinions describe it (automated extraction)

- holding that the trial court abused its discretion in granting defendant's motion to amend its answer to add the defense of sovereign immunity after the case had been pending for almost three years including a prior motion for summary judgment and appeal up to the Supreme Court
- stating the defense of discretionary immunity is an affirmative defense No. 22AP-125 13 within the contemplation of Civ.R. 8(C)
- reversing the grant of the defendant school district’s motion to include a statutory immunity defense in part because the district failed to assert the defense in a timely manner and its failure to do so made it reasonable for the plaintiffs to assume the defense would be waived

## Opinion text

Pfeifer, J.,
concurring. While the school district in this case did waive its immunity defense, in my view it was a defense that never existed. I believe that Ohio’s sovereign immunity statutes are unconstitutional, for the reasons stated in my concurring opinion in Garrett v. Sandusky (1994), 68 Ohio St.3d 139, 141 , 624 N.E.2d 704, 706 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6779307. Public record. Not legal advice.