Ohio Supreme Court, 1984

Dougherty v. Torrence

Ohio Supreme Court · Decided April 18, 1984 · No. 83-795 · Brown, Celebrezze, Holmes, Locher, Only, Sweeney

10 Ohio St. 3d 139; 461 N.E.2d 1310; 10 Ohio B. 460; 1984 Ohio LEXIS 1081

Cases that cite this one

5 later published cases cite this decision.

State v. Harris, Unpublished Decision (6-27-2006) (Ohio Ct. App. 2006)
State v. Scott, Unpublished Decision (12-5-2006) (Ohio Ct. App. 2006)
State v. Harris, Unpublished Decision (12-6-2006) (Ohio Ct. App. 2006)
Jeroncic v. Dept. of Human Services, Unpublished Decision (7-27-1999) (Ohio Ct. App. 1999)
State Ex Rel. Davis v. Cleary (Ohio Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

In Dougherty I, this court issued a clear directive on remand to the court of appeals. Although the lower court is technically correct in that appellant had originally briefed only one assignment of error, we specifically *141ordered a consideration of the issue of whether the operation of a personal vehicle precludes R.C. 701.02 immunity status. An inferior court has no discretion to disregard the clear mandate of a superior court. State, ex rel. Potain, v. Mathews (1979), 59 Ohio St. 2d 29, 32 [13 O.O.3d 17]. See, also, Brown v. Borchers Ford, Inc. (1978), 53 Ohio St. 2d 171 [7 O.O.3d 319].

We therefore repeat our directive to the court of appeals to consider the issue of whether R.C. 701.02 immunity attaches when the fireman is operating his personal vehicle on the way to the firehouse in response to an emergency call, on the arguments as briefed in that court originally.

Judgment accordingly.

Celebrezze, C.J., W. Brown, Sweeney, Locher, C. Brown and J. P. Celebrezze, JJ., concur. Holmes, J., concurs in judgment only.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.