Moore v. Lorain Metropolitan Housing Authority

2009 Ohio 1250, 905 N.E.2d 606, 121 Ohio St. 3d 455
CourtOhio Supreme Court
DecidedMarch 25, 2009
Docket2007-2106 and 2008-0030
StatusPublished
Cited by42 cases

This text of 2009 Ohio 1250 (Moore v. Lorain Metropolitan Housing Authority) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Lorain Metropolitan Housing Authority, 2009 Ohio 1250, 905 N.E.2d 606, 121 Ohio St. 3d 455 (Ohio 2009).

Opinions

Lanzinger, J.

{¶ 1} The Ninth District Court of Appeals certified that a conflict exists between its judgment in this case and the judgments of other appellate districts1 on whether operation of a public housing authority is a proprietary or a governmental function within the meaning of Ohio’s sovereign-immunity statutes. We determined that a conflict exists and also accepted the discretionary appeal on the issues of whether R.C. 2744.02(B)(4) and (B)(5) apply as exceptions to the public housing authority’s immunity. We hold that the operation of a public housing authority is a governmental function under R.C. 2744.01(C)(2) rather than a proprietary function and remand for the trial court to determine whether the R.C. 2744.02(B)(4) exception to immunity applies.

[456]*456I. Case Background

{¶ 2} Appellee, Danielle Moore, and her four children lived at 106 South Park Street, Oberlin, Ohio, in an apartment owned by appellant, the Lorain Metropolitan Housing Authority (“LMHA”). On the evening of October 19, 2003, Moore left to run errands, leaving Derrick Macarthy, the father of three of the four children, in the apartment with them. One of the children started a fire in a bedroom while Macarthy was sleeping on the living room couch. Macarthy and two of the children escaped, but Dezirae Anna Nicole Macarthy and D’Angelo Anthony Marquez Macarthy were killed in the fire.

{¶ 3} On October 12, 2004, Moore, individually and in her capacity as the administrator of the estates of Dezirae and D’Angelo Macarthy, and in her capacity as the parent and next friend of the deceased children’s siblings Jamar Moore and Deilani Macarthy, filed a lawsuit against defendants LMHA, its executive director Homer Verdin, and other unknown employees, for the wrongful deaths of Dezirae and D’Angelo. Moore claimed that because LMHA removed the apartment’s only working smoke detector and negligently failed to replace it, Derrick Macarthy did not wake in time to rescue two of the children.

{¶ 4} The trial court noted in its findings of fact that a police officer on the scene believed that Derrick Macarthy’s behavior indicated that he was under the influence of cocaine at the time of the fire and that an outside agency, conducting an annual inspection of the premises two weeks before the fire, reported that there was a working smoke detector in Moore’s unit.

{¶ 5} The trial court granted summary judgment to the defendants2 on the grounds that LMHA was a political subdivision entitled to immunity pursuant to R.C. Chapter 2744. The court found that the operation of a public housing authority is a governmental function and that none of the exceptions to immunity, and particularly R.C. 2744.02(B)(4), applied.

{¶ 6} On appeal to the Lorain County Court of Appeals, Moore argued that the trial court erroneously found that LMHA performs a governmental function. The court of appeals agreed, reversing the summary judgment and remanding the case for further proceedings. Moore v. Lorain Metro. Hous. Auth., Lorain App. No. 06CA008995, 2007-Ohio-5111, 2007 WL 2810014. We accepted LMHA’s discretionary appeal in conjunction with the certified conflict.

II. Legal Analysis

A. Political Subdivision Immunity

{¶ 7} The General Assembly enacted the Political Subdivision Tort Liability Act, codified at R.C. Chapter 2744, in 1985 in response to this court’s abolishment [457]*457of common-law sovereign immunity in Haverlack v. Portage Homes, Inc. (1982), 2 Ohio St.3d 26, 2 OBR 572, 442 N.E.2d 749. Cramer v. Auglaize Acres, 113 Ohio St.3d 266, 2007-Ohio-1946, 865 N.E.2d 9. The Act sets forth the defenses and immunities available to political subdivisions in civil actions for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision in connection with a governmental or proprietary function. R.C. 2744.02(A)(1). The Act also provides exceptions to immunity in specified circumstances. See R.C. 2744.02(B).

{¶ 8} A political subdivision is “a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.” (Emphasis added.) R.C. 2744.01(F). LMHA is a metropolitan housing authority, defined in R.C. 3735.31: “A metropolitan housing authority created under sections 3735.27 to 3735.50 of the Revised Code, constitutes a body corporate and politic.” The parties do not dispute that LMHA is a political subdivision.

{¶ 9} Whether a political subdivision is protected against tort liability under R.C. Chapter 2744 involves a three-tiered analysis: “First, R.C. 2744.02(A)(1) sets out a general rule that political subdivisions are not liable in damages. In setting out this rule, R.C. 2744.02(A)(1) classifies the functions of political subdivisions into governmental and proprietary functions and states that the general rule of immunity is not absolute, but is limited by the provisions of R.C. 2744.02(B), which details when a political subdivision is not immune. Thus, the relevant point of analysis (the second tier) then becomes whether any of the exceptions in R.C. 2744.02(B) apply. Furthermore, if any of R.C. 2744.02(B)’s exceptions are found to apply, a consideration of the application of R.C. 2744.03 becomes relevant, as the third tier of analysis.”3 Greene Cty. Agricultural Soc. v. Liming (2000), 89 Ohio St.3d 551, 556-557, 733 N.E.2d 1141.

{¶ 10} The general rule states that “a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.” R.C. 2744.02(A)(1). R.C. 2744.01 explains whether a given function is proprietary or governmental.

{¶ 11} A “proprietary function” is a function that either (1) is specifically listed in R.C. 2744.01(G)(2), which lists examples of proprietary functions, or (2) is not described in R.C. 2744.01(C)(1)(a), (b), or (C)(2) and “promotes or preserves the [458]*458public peace, health, safety, or welfare and * * * involves activities that are customarily engaged in by nongovernmental persons.” R.C. 2744.01(G)(1).

{¶ 12} By contrast, R.C. 2744.01(C) provides two routes to determine whether a given function is governmental. First, the statute refers to the list in R.C. 2744.01(C)(2) of “specified” functions that the General Assembly has expressly deemed governmental. In the alternative, a function is governmental if it meets one of three independent standards, enumerated in R.C. 2744.01(C)(1)(a) through (c).

{¶ 13} LMHA, as a metropolitan housing authority, performs a specified “governmental function” under R.C. 2744.01(C)(2)(q). The statute provides that “[u]rban renewal projects and the elimination of slum conditions” are governmental functions. LMHA performs these functions.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 1250, 905 N.E.2d 606, 121 Ohio St. 3d 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-lorain-metropolitan-housing-authority-ohio-2009.