Doe v. Greenville City Schools
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The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's denial of Greenville's motion to dismiss this tort case, holding that Plaintiffs alleged sufficient facts that, if proven, demonstrate that Ohio Rev. Code 2744.02(B)(4) applied to the facts of this case.
At issue was whether the absence of a fire extinguisher within a building of a physical subdivision is a physical defect such that an exception to immunity exists under Ohio Rev. Code 2744.04(B)(4). Plaintiffs filed a complaint against Greenville City Schools and other defendants (collectively, Greenville) alleging that Greenville negligently caused their injuries after a bottle of isopropyl alcohol caught fire and exploded in a science class. Greenville filed a motion to dismiss, arguing that it was immune from liability and that no exception to immunity applied. The trial court denied the motion to dismiss, and the court of appeals affirmed. The Supreme Court affirmed, holding that the absence of a fire extinguisher or other safety equipment within a science classroom could be a physical defect such that an exception to immunity could exist under section 2744.02(B)(4).
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