Ohio Supreme Court, 2007

Fogle v. Village of Bentleyville

Ohio Supreme Court · Decided December 13, 2007 · Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stated, Stratton, Xenia

116 Ohio St. 3d 301; 878 N.E.2d 638

Cases that cite this one

1 later published case cites this decision.

Knox v. Hetrick, 91102 (3-26-2009) (Ohio Ct. App. 2009)

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

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the courts of appeals is reversed on the authority of Hubbell v. Xenia, 115 Ohio St.3d 77, 2007-Ohio-4839, 873 N.E.2d 878, and the cause is remanded to the court of appeals with instructions for the court of appeals to conduct a de novo review of the law and facts. If, after that review, only questions of law remain, the court of appeals may resolve the appeal. If genuine issues of material fact remain, the court of appeals may remand the cause to the trial court for further development of the facts necessary to resolve the immunity issue.

Moyer, C.J., and Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur. Pfeifer, J., dissents for the reasons stated in his dissenting opinion in Hubbell v. Xenia. O’Donnell, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.