Ohio Appeals Court Upholds Immunity for City of Independence

On Dec. 11, 2025, the Eighth District Court of Appeals of Ohio upheld a lower court's decision granting summary judgment to Taft's client, the City of Independence, in a lawsuit arising from a 2021 crash in which a driver suffered injuries after his car left a major road in the city and struck a temporary fence and embankment. The panel held that the city is shielded by political-subdivision immunity under Ohio's sovereign-immunity statute, finding that none of the asserted exceptions for proprietary functions, building or grounds defects, or failure to keep public roads in repair applied, and concluding that disputes over ownership of the fence did not affect the city's immunity.

The City of Independence was represented by Taft Cleveland partner Greg O'Brien and associate Devina Patel in the Cuyahoga County Court of Common Pleas. The appeal was handled by Cleveland associate Jack Maib, with assistance from O'Brien and Patel.

O'Brien has successfully represented public and private entities, including as Law Director for the City of Independence, for decades. Maib focuses his practice on securities litigation, arbitration, and commercial litigation. Patel is an associate in the Franchise and Litigation groups.