Lawyer Commentary JD Supra United States Ohio Appellate Court Affirms Dismissal of Claims Against School District and Its Employees for School Shooting

Ohio Appellate Court Affirms Dismissal of Claims Against School District and Its Employees for School Shooting

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Today, school shootings are an increasingly commonplace tragedy impacting communities, families and school districts across the country. Recently, Ohio’s Eleventh District Court of Appeals rejected several families’ attempt to hold the Chardon Local Schools liable for a 2012 school shooting in which three students lost their lives.

Parmertor v. Chardon Local Sch., 2019-Ohio-328, emanates from a tragic shooting at Chardon High School on February 27, 2012, that resulted in the deaths of three students and injuries to three others. Thereafter, a complaint was filed in the Lake County Court of Common Pleas on February 27, 2014 on behalf of the estates of several of the deceased and/or injured students. The complaint alleged causes of action for wrongful death, negligence and recklessness, conscious disregard, malice, willful and wanton misconduct, survivorship and loss of consortium against various schools, school officials, school employees and members of the Chardon School Board. The claims were ultimately dismissed by the trial court on motion practice because plaintiffs failed to overcome the application of Ohio’s general grant of immunity for political subdivisions and their employees.

The trial court examined Ohio’s statutory immunity and held that school districts and their employees are immune from liability in civil actions brought to recover damages for injury, death or loss to person...

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