Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in State and Local Government Law
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Cleveland State Law Review
Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Cleveland State Law Review
Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming …
Birth And Death And Governmental Immunity, Verne Lawyer
Birth And Death And Governmental Immunity, Verne Lawyer
Cleveland State Law Review
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …
Governmental Immunity Of County Hospitals, Alice K. Henry
Governmental Immunity Of County Hospitals, Alice K. Henry
Cleveland State Law Review
The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.