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No Sovereign immunity for City or Police Officer in Vehicle Collision with Pedestrian

Brandon Sample

The Ohio Court of Appeals for the Ninth District has affirmed a lower court’s denial of summary judgment for the City of Cuyahoga Falls and one of its police officers.

Timothy Brown was struck by Officer Brandon Good’s cruiser on December 30, 2006, while Good was responding to a dispatch concerning a fight that had broken out. Good did not have his lights or siren on at the time. Brown suffered serious injuries.

Brown sued the city and Officer Good claiming negligence. The City and Good moved for summary judgment arguing that they were entitled to sovereign immunity. The trial court denied the motion.

The appeals court affirmed the trial court. According to the appeals court, sovereign immunity did not protect the defendants because Good took it upon himself to respond to the call over the radio. See: Brown v. City of Cuyahoga Falls, Case No. 24914, Slip Copy, 2010 WL 3582806, Ohio App. 9 Dist., 2010.

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Related legal case

Brown v. City of Cuyahoga Falls