Sherwin-Williams Co. v. Dayton Freight Lines, Inc.

858 N.E.2d 324, 112 Ohio St. 3d 52
CourtOhio Supreme Court
DecidedDecember 27, 2006
DocketNos. 2005-1194 and 2005-1247
StatusPublished
Cited by20 cases

This text of 858 N.E.2d 324 (Sherwin-Williams Co. v. Dayton Freight Lines, Inc.) 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
Sherwin-Williams Co. v. Dayton Freight Lines, Inc., 858 N.E.2d 324, 112 Ohio St. 3d 52 (Ohio 2006).

Opinions

Pfeifer, J.

Factual and Procedural Background

{¶ 1} On the evening of February 7, 2000, a multiple-vehicle accident occurred on Interstate 70 near the Lewisburg exit. Appellees are 19 individuals or entities involved in litigation relating to the accident. Those involved in the accident claimed that a mixture of fog and smoke had created visibility problems that night. Whence came the smoke? Appellees claim that it came from the property of appellant, the village of Lewisburg.

{¶ 2} Earlier on the day of the accident, in an area behind the village’s water plant, Lewisburg employees were burning scrap lumber, tree limbs, and discarded Christmas trees. The burn piles were located approximately 2,000 feet north of Interstate 70. Around 3:30 that afternoon, Lewisburg employees covered the burn piles with dirt and left the area. At 10:51 that evening, the Preble County Sheriffs Office received a complaint about smoke in the location of the earlier burning. Firefighters responding to the scene found four or five piles of smoldering brush. One firefighter testified that smoke from the piles hung close to the ground and moved south toward the interstate.

{¶ 3} Whether the smoke wound its way toward 1-70 and combined with fog to create conditions that caused the accident is not before us today. Appellees did assert that the smoke contributed to the accident and brought claims against the village, but the Montgomery County Court of Common Pleas (in which eight separate claims were consolidated) concluded by summary judgment that Lewis-[53]*53burg was immune from liability pursuant to the version of R.C. 2744.02 in effect at the time of the accident, Am.Sub.S.B. No. 221, 145 Ohio Laws, Part II, 2211, 2215 (“S.B. 221”). Although former R.C. 2744.02 was amended twice after S.B. 221 was enacted and before the date of the accident, both of those amendments were held to be invalid by this court. State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio St.3d 451, 715 N.E.2d 1062; Stevens v. Ackman (2001), 91 Ohio St.3d 182, 743 N.E.2d 901.

{¶ 4} The trial court found that Lewisburg’s actions fell under the general immunity from civil liability granted to political subdivisions in former R.C. 2744.02(A)(1) and further found that none of the exceptions to immunity contained in former R.C. 2744.02(B) operated to except Lewisburg from that general immunity.

{¶ 5} The Montgomery County Court of Appeals reversed the trial court. The appellate court held that the exception to sovereign immunity contained in former R.C. 2744.02(B)(3), which made political subdivisions liable for injuries “caused by their failure to keep * * * public grounds within the political subdivision * * * free from nuisance,” applied. The trial court had held that since the accidents did not occur on village property, former R.C. 2744.02(B)(3) did not apply.

{¶ 6} The appellate court certified that its decision conflicted with the decision in Kareth v. Toyota Motor Sales (Sept. 28, 1998), Clermont App. No. CA 98-01-011, 1998 WL 667845. This court granted jurisdiction by accepting a discretionary appeal and by certifying that a conflict over the following question exists:

{¶ 7} “Under the former R.C. 2744.02(B)(3), is a political subdivision liable for injury, death, or loss resulting from a nuisance that exists on public grounds within the political subdivision where the injury, death, or loss caused thereby occurs outside the political subdivision?” 106 Ohio St.3d 1502, 2005-0hio-4605, 833 N.E.2d 1245.

Law and Analysis

{¶ 8} Former R.C. 2744.02(A)(1) provided immunity to political subdivisions from civil liability for injuries or losses it or its employees caused. Former R.C. 2744.02(B) provided exceptions to that statutorily granted immunity. This case deals with the exception set forth in former R.C. 2744.02(B)(3), which stated:

{¶ 9} “[Pjolitical subdivisions are liable for injury, death, or loss to persons or property caused by their failure to keep * * * public grounds within the political subdivision open, in repair, and free from nuisance.” S.B. 221, 145 Ohio Laws, Part II, at 2216.

{¶ 10} To answer the certified question before us, we must assume that Lewisburg’s burning of refuse on its property did create a nuisance that did contribute to the accident of February 7, 2000. No one disputes the fact that the [54]*54accident did not occur on village property. We must determine whether the fact that the injuries and losses associated with the accident were not suffered on Lewisburg’s property renders the former R.C. 2744.02(B)(3) exception to immunity inapplicable.

{¶ 11} We dealt with a similar issue of statutory interpretation regarding an R.C. 2744.02(B) immunity exception in Hubbard v. Canton City School Bd. of Edn., 97 Ohio St.3d 451, 2002-Ohio-6718, 780 N.E.2d 543. In Hubbard, plaintiffs alleged that the Canton City School Board of Education had been negligent in supervising and retaining a teacher who had allegedly sexually assaulted their daughters inside a city school. The plaintiffs argued that former R.C. 2744.02(B)(4) created an exception from immunity for the board. That statute provided:

{¶ 12} “[Pjolitical subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of buildings that are used in connection with the performance of a governmental function.” S.B. 221, 145 Ohio Laws, Part II, at 2216.

{¶ 13} The board asserted that former R.C. 2744.02(B)(4) was limited to claims arising from negligence related to physical defects within or on the grounds of governmental buildings.

{¶ 14} The court applied in Hubbard our long-standing rule concerning statutory interpretation that “where the language of a statute is clear and unambiguous, it is the duty of the court to enforce the statute as written, making neither additions to the statute nor subtractions therefrom.” Hubbard, 97 Ohio St.3d 451, 2002-Ohio-6718, 780 N.E.2d 543, ¶ 14. In interpreting the statute, this court held that “[t]he plain language of the subsection supports the conclusion that the General Assembly intended to permit political subdivisions to be sued in all cases where injury results from the negligence of their employees occurring within or on the grounds of any government building.” Id. at ¶ 13. This court concluded that “[t]he exception is not confined to injury resulting from physical defects or negligent use of grounds or buildings.” Id. at ¶ 18.

{¶ 15} As was true in Hubbard, our first duty in interpreting former R.C. 2744.02(B)(3) is to determine whether it is clear and unambiguous. “If it is ambiguous, we must then interpret the statute to determine the General Assembly’s intent. If it is not ambiguous, then we need not interpret it; we must simply apply it.” State v. Hairston, 101 Ohio St.3d 308, 2004-Ohio-969, 804 N.E.2d 471, ¶ 13.

{¶ 16} In short, former R.C. 2744.02(B)(3) provided that “[political subdivisions are liable for injury, death, or loss to persons or property caused by their failure to keep * * * public grounds within the political subdivisions * * * free from [55]

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Cite This Page — Counsel Stack

Bluebook (online)
858 N.E.2d 324, 112 Ohio St. 3d 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherwin-williams-co-v-dayton-freight-lines-inc-ohio-2006.