Ohio Supreme Court January 19, 2000, No. 98-2010 (Harp v. City of Cleveland Heights)

lead-opinion

Alice Robie Resnick, J.

In order to determine whether summary judgment was appropriately granted in this case, we must first decide whether a political subdivision can be held liable under R.C. 2744.02(B)(3) for injuries that result when a tree limb falls upon a public road from adjacent land that is also within the political subdivision’s control.