COLUMBUS, Ohio — In a contentious legal battle, a Summit Co. woman, Roberta Schlegel, has taken the county to court, alleging negligence and seeking compensation for substantial damages incurred on her property from flooding. The case, heard before the Ninth District Court of Appeals in Summit County, hinges on whether the county should be held accountable for flooding that Schlegel claims stemmed from a sinkhole near her home.
Schlegel contends that the county’s delayed response in repairing the sinkhole and a collapsed culvert beneath Boyden Road directly led to severe flooding in her basement and property. The damages she suffered, which include cleanup costs and property repairs, amount to over $59,000.
Despite Summit County arguing for governmental immunity under Ohio law, citing its role in managing sewer systems as a proprietary function, Schlegel asserts that exceptions should apply due to the county’s alleged negligence in maintaining public roads.
Initially, the Summit County Common Pleas Court denied the county’s motion for summary judgment, acknowledging factual disputes necessitating a trial. However, the Ninth District Court of Appeals later overturned this decision, ruling in favor of the county’s immunity regarding sewer system maintenance.
Undeterred, Schlegel escalated the case to the Supreme Court of Ohio, emphasizing the county’s failure in road upkeep and its implications under Ohio Revised Code sections 2744.02 and 2744.03. These sections delineate circumstances under which political subdivisions can be held liable for property damage resulting from negligent infrastructure maintenance.
The impending decision by the Supreme Court of Ohio carries significant implications, as it promises to clarify the application of immunity laws and exceptions in cases involving public infrastructure and property damage.