Hyde v. City of Lakewood
Hyde v. City of Lakewood
31 Ohio Law Rep. 58
Hyde v. City of Lakewood
Opinion of the Court
1. Unless there is a statute removing immunity, a governmental unit or agency may escape liability for the commission of a tort upon a showing that a governmental function was being performed at the time the tort occurred.
2. Whether the performance of various activities by a municipality is governmental or proprietary frequently depends on the peculiar facts of the particular case. In one instance a municipally owned hospital may be found to be carrying on a governmental function in the manner of its operation, whereas in another instance a finding may be made that a municipally owned hospital is being operated in a proprietary capacity.
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.