An Ohio Court held a jail immune from lawsuit in a case recently defended by DH&F. The Delaware County Court of Common Pleas has ruled that a corrections facility is not liable for injuries sustained by an inmate who was performing community service while incarcerated. William Dufner was convicted of committing a felony and was sentenced to West Central Community Corrections Facility. West Central is an alternative sentencing facility and pursuant to their program, residents, such as Dufner must either perform work release or community service during incarceration. Residents are incarcerated in the West Central facility, but are released or transported on a daily basis to perform community service elsewhere. They are returned to West Central after the shift is completed.
On June 21, 2005, Dufner was injured while performing community service for the City of Delaware per West Central's program. Dufner was working a trash route when his hand was caught in the truck's trash compactor causing serious injuries. Dufner first filed a workers' compensation claim against West Central and the City of Delaware. The claim was denied because Dufner was not under a contract for hire with either public entity. Then, Dufner filed a lawsuit in Delaware County Common Pleas Court against West Central, Delaware and co-inmate Keith Brown for negligence.
On behalf of West Central, DH&F urged the Court to dismiss the case against West Central because West Central is a political subdivision immune from the lawsuit under Ohio's Political Subdivision Tort Liability Act. Generally, under Ohio Law, a political subdivision is not liable in a civil action for injuries caused by an act or omission of the political subdivision or its employee in connection with a governmental or proprietary function. Examples of governmental functions include oversight and control of convicted felons, operation of jails, workhouses and detention facilities, and collection of garbage.
However, immunity from suit can be overcome if an exception in Ohio's political subdivision Tort Liability Act applies. As relevant to this case, an exception exists for the injuries incurred by the Political Subdivision's operation of a motor vehicle. Dufner argued that he was injured as a result of the negligent operation of a motor vehicle, not as a result of the vehicle being driven negligently. On May 23, 2008, the Court granted immunity to West Central and the City of Delaware, holding that the operation of the trash compactor was not operation of the vehicle, itself. The Court further held that West Central is immune because Dufner had been convicted of a criminal offense and was serving his sentence at the time of the injury.
Dufner has appealed to Ohio's Fifth Appellate District. For questions about this case or about immunity granted to political subdivisions, please contact David Riepenhoff at (614) 221-1216 or driepenhoff@dhflaw.com.