Opinion

Estate of Graves v. City of Circleville

  • 124 Ohio St. 3d 339
  • 922 N.E.2d 201
  • 2010 Ohio 168
Court
Ohio Supreme Court
Filed
Jan 28, 2010
Status
Published
Author
Pfeifer
On the bench
O'Connor, Moyer, Stratton, O'Donnell, Lanzinger, Cupp, Pfeifer
Cited by
17 cases
Authority
More cited than 11.5%

The opinion

Pfeifer, J.,

concurring.

*348 Cooper & Elliott, L.L.C., Rex H. Elliott, Charles H. Cooper Jr., and John C. Camillus, for appellee.

Mazanec, Raskin, Ryder & Keller Co., L.P.A., John T. McLandrich, James A. Climer, and Frank H. Scialdone, for appellants.

Joseph M. Hegedus, urging reversal for amicus curiae Ohio Patrolmen’s Benevolent Association.

Subashi & Wildermuth, Brian L. Wildermuth, and Halli J. Brownfield, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Isaac, Brant, Ledman and Teetor, L.L.P., Mark Landes, and Andrew N. Yosowitz, urging reversal for amici curiae County Commissioners’ Association of Ohio, Ohio School Boards Association, Public Children Services Association of Ohio, Ohio Job and Family Services Directors’ Association of Ohio, County Risk Sharing Authority, Ohio Township Association, and Ohio Association of Behavioral Health Authorities.

Kitrick, Lewis & Harris Co., L.P.A., and Mark M. Kitrick, urging affirmance for amicus curiae Ohio Association for Justice.

{¶ 29} I concur in the syllabus and in most of the majority opinion. I am especially pleased that the majority opinion has limited the application of the public-duty doctrine as enunciated in Sawicki v. Ottawa Hills (1988), 37 Ohio St.3d 222 , 525 N.E.2d 468 , to a time and place now in the past. See Wallace v. Ohio Dept. of Commerce, Div. of State Fire Marshal, 96 Ohio St.3d 266 , 2002-Ohio-4210 , 773 N.E.2d 1018 , ¶ 42 (Douglas, J., concurring) (the public-duty rule “has no efficacy or relevance in Ohio”). I look forward to the day when a majority of this court will say the same concerning sovereign immunity. See Doe v. Marlington Local School Dist. Bd. of Edn., 122 Ohio St.3d 12 , 2009-Ohio-1360 , 907 N.E.2d 706, ¶ 38-40 (Pfeifer, J., dissenting); Garrett v. Sandusky (1994), 68 Ohio St.3d 139, 144 , 624 N.E.2d 704 (Pfeifer, J., concurring).

{¶ 30} I do not join in section B3 of the majority opinion, because it is not necessary to the resolution of the issue before us. Having determined that the public-duty doctrine is not applicable to the case before it, this court should not discuss other issues that might be applicable to the case. The parties and the trial judge need to concern themselves with the issues to be argued in the trial that will likely take place; we should not.

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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