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Adams v. Willoughby12/19/1994
NADER, Judge.
This is an appeal from the judgment of the Lake County Court of Common Pleas granting the motion for judgment on the pleadings of defendant-appellee, city of Willoughby, pursuant to the immunity provisions of R.C. Chapter 2744.
On August 16, 1989, a portion of a cliff located on premises owned and maintained by appellee, and known as Osborne Park, collapsed. Justin and Brendan Adams, then twelve and eight years of age, respectively, were on the cliff at the time of the collapse and became buried in dirt, sand, and debris. Both children suffered serious personal injuries. Brendan subsequently died from his injuries.
The instant action was commenced on February 25, 1993 by Michael Adams, administrator of the estate of Brendan Adams and the father of the two boys. Joined as plaintiffs were Michael Adams in his individual capacity, Justin Adams, and Deborah Adams, the boys' mother. The complaint asserted survivorship and wrongful death claims, and a claim arising out of the personal injuries suffered by Justin Adams.
On December 22, 1993, appellee filed an amended answer, asserting as an affirmative defense that it was immune from suit under R.C. Chapter 2744. A motion for judgment on the pleadings was filed on January 12, 1994. Appellants filed a brief in opposition and several supplemental briefs were subsequently filed.
The trial court issued its judgment on March 8, 1994, granting the motion and dismissing the action. Appellants designate two assignments of error on appeal:
"1. The trial court erred to the prejudice of plaintiffs-appellants in granting defendant-appellee's motion for judgment on the pleadings.
"2. The trial court erred to the plaintiffs-appellants' prejudice in not holding that sovereign immunity to a defendant guilty of wanton and reckless misconduct is unconstitutional in violation of Article I, Sections 16, 2, and 5 of the Ohio Constitution."
Appellants make two arguments in support of their first assignment of error. First, it is contended that the cliff upon which the tragic accident occurred does not qualify as a "park" as defined in R.C. 2744.01(C)(2)(u), but as "public grounds" as set forth in R.C. 2744.02(B)(3). Second, it is alternatively argued that the immunity for "governmental functions" afforded by R.C. 2744.02(A)(1) was not intended by the legislature to extend to "wanton and reckless behavior."
Pursuant to Civ.R. 12(C), judgment on the pleadings may be granted where no material factual issue exists and the moving party is entitled to judgment as a matter of law. State ex rel. Pirman v. Money (1994), 69 Ohio St.3d 591, 593, 635 N.E.2d 26, 29. The determination of a Civ.R. 12(C) motion is limited to the allegations of the pleadings, and all material allegations contained in the complaint, with all reasonable inferences to be drawn therefrom, are to be construed in favor of the nonmoving party. Id.
R.C. 2744.02(A)(1) grants a broad immunity to political subdivisions of the state. See Wilson v. Stark Cty. Dept. of Human Serv. (1994), 70 Ohio St.3d 450, 452, 639 N.E.2d 105, 107. This provision states:
"For the purposes of this chapter, the functions of political subdivisions are hereby classified as governmental functions and proprietary functions. Except as provided in division (B) of this section, a political subdivision is not liable in damages in a civil action for injury , death, or loss to persons 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."
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