176 Ohio App. 3d 567 - Smith v. Martin’s Empirical Analysis
2008
Citation profile
11 state decisions
Relationships
Relies on Dresher v. Burt · Harless v. Willis Day Warehousing Co. · Murphy v. City of Reynoldsburg · 87 Ohio App. 3d 704 - Brown v. Scioto Cty. Bd. of Commrs. · 101 Ohio App. 3d 38 - Coventry Township v. Ecker
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The analysis begins with a general grant of immunity that affords the political subdivision protection from liability '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.' " Gibbs at ¶ 8, quoting R.C. 2744.02(A)(1). "However, the immunity provided by R.C. 2744.02(A)(1) is not absolute, but is subject to various exceptions set forth in R.C. 2744.02(B).”
2 later decisions quote this exact passage“shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”
2 later decisions quote this exact passage“means a function of a political subdivision that is specified in division (G)(2) of this section or that satisfies both of the following: (a) The function is not one described in division (C)(1)(a) or (b) of this section and is not one specified in division (C)(2) of this section; (b) The function is one that promotes or preserves the public peace, health, safety, or welfare and that involves activities that are customarily engaged in by nongovernmental persons. {¶ 12} R.C. 2744.01(G)(2) provides: A”
1 later decision quote this exact passagee.g. Needham v. Columbus
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.