Smith v. McBrideAnnotate this Case
Travis Carpenter, a Clinton Township police officer, was involved in a motor vehicle accident outside his own jurisdiction while responding to a general dispatch call for assistance from an officer in another jurisdiction. The passenger in the vehicle that collided with Carpenter's vehicle filed a personal-injury suit naming as defendants, inter alia, Carpenter and Clinton Township. The trial court granted summary judgment to Carpenter and Clinton Township, concluding that they were entitled to immunity under Ohio Rev. Code 2744 because Carpenter was on an emergency call for purposes of the statute as he had a professional obligation to respond to the dispatch. The appellate court affirmed. The Supreme Court affirmed, holding that Carpenter could be considered to have been on an emergency call at the time of the accident for purposes of chapter 2744 when the evidence was insufficient to establish the existence of a mutual-aid agreement between the jurisdictions because application of the immunity statutes in this case did not depend on whether a mutual-aid agreement existed.