§ 33.03 DEFENSES AND IMMUNITIES.

EMERGENCY CALL. A call to duty including, but not limited to, communications from citizens, police dispatches, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of a peace officer.

EMPLOYEE. An officer, agent, employee, or servant, whether or not compensated or full-time or part-time, who is authorized to act and is acting within the scope of his or her employment for a political subdivision. EMPLOYEE does not include an independent contractor and does not include any individual engaged by a school district pursuant to R.C. § 3319.301. EMPLOYEE includes any elected or appointed official of a political subdivision. EMPLOYEE also includes a person who has been convicted of or pleaded guilty to a criminal offense and who has been sentenced to perform community service work in a political subdivision whether pursuant to R.C. § 2951.02 or otherwise, and a child who is found to be a delinquent child and who is ordered by a juvenile court pursuant to R.C. § 2152.19 or 2152.20 to perform community service or community work in a political subdivision.

GOVERNMENTAL FUNCTION.

(1) A function of a political subdivision that is specified in division (2) of this definition or that satisfies any of the following:

(a) A function that is imposed upon the state as an obligation of sovereignty and that is performed by a political subdivision voluntarily or pursuant to legislative requirement;

(b) A function that is for the common good of all citizens of the state;

(c) A function that promotes or preserves the public peace, health, safety, or welfare, that involves activities that are not engaged in or not customarily engaged in by nongovernmental persons, and that is not specified in this section as a proprietary function.

(2) A GOVERNMENTAL FUNCTION includes, but is not limited to, the following:

(a) The provision or nonprovision of police, fire, emergency medical, ambulance, and rescue services or protection;

(b) The power to preserve the peace; to prevent and suppress riots, disturbances, and disorderly assemblages; to prevent, mitigate, and clean up releases of oil and hazardous and extremely hazardous substances as defined in R.C. § 3750.01; and to protect persons and property;

(d) The provision of a free public library system;

(e) The regulation of the use of, and the maintenance and repair of, roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts, and public grounds;

(f) Judicial, quasi-judicial, prosecutorial, legislative, and quasi-legislative functions;

(g) The construction, reconstruction, repair, renovation, maintenance, and operation of buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses;

(h) The design, construction, reconstruction, renovation, repair, maintenance, and operation of jails, places of juvenile detention, workhouses, or any other detention facility, as defined in R.C. § 2921.01;

(i) The enforcement or nonperformance of any law;

(j) The regulation of traffic, and the erection or nonerection of traffic signs, signals, or control devices;

(k) The collection and disposal of solid wastes, as defined in R.C. § 3734.01 including, but not limited to, the operation of solid waste disposal facilities as FACILITIES is defined in that section, and the collection and management of hazardous waste generated by households. As used in this subsection, HAZARDOUS WASTE GENERATED BY HOUSEHOLDS means solid waste originally generated by individual households that is listed specifically as hazardous waste in or exhibits one or more characteristics of hazardous waste as defined by rules adopted under R.C. § 3734.12, but that is excluded from regulation as a hazardous waste by those rules;

(l) The provision or nonprovision, planning or design, construction, or reconstruction of a public improvement, including, but not limited to, a sewer system;

(m) The operation of a job and family services department or agency, including, but not limited to, the provision of assistance to aged and infirm persons and to persons who are indigent;

(n) The operation of a health board, department, or agency, including, but not limited to, any statutorily required or permissive program for the provision of immunizations or other inoculations to all or some members of the public; provided that a GOVERNMENTAL FUNCTION does not include the supply, manufacture, distribution, or development of any drug or vaccine employed in any such immunization or inoculation program by any supplier, manufacturer, distributor, or developer of the drug or vaccine;

(o) The operation of mental health facilities, mental retardation or developmental disabilities facilities, alcohol treatment and control centers, and children's homes or agencies;

(p) The provision or nonprovision of inspection services of all types, including, but not limited to, inspections in connection with building, zoning, sanitation, fire, plumbing, and electrical codes, and the taking of actions in connection with those types of codes, including, but not limited to, the approval of plans for the construction of buildings or structures and the issuance or revocation of building permits or stop work orders in connection with buildings or structures;

(q) Urban renewal projects and the elimination of slum conditions, including the performance of any activity that a County Land Reutilization Corporation is authorized to perform under R.C. Chapter 1724 or R.C. Chapter 5722;

(r) Flood control measures;

(s) The design, construction, reconstruction, renovation, operation, care, repair, and maintenance of a township cemetery;

(t) The issuance of revenue obligations under R.C. § 140.06;

(u) The design, construction, reconstruction, renovation, repair, maintenance, and operation of any school athletic facility, school auditorium, or gymnasium or any recreation area or facility, including but not limited to any of the following:

1. A park, playground, or playfield;

2. An indoor recreational facility;

3. A zoo or zoological park;

4. A bath, swimming pool, pond, water park, wading pool, wave pool, water slide or other type of aquatic facility;

5. A golf course;

6. A bicycle motocross facility or other type of recreational area or facility in which bicycling, skating, skate boarding, or scooter riding is engaged;

7. A rope course or climbing walls;

8. An all-purpose vehicle facility in which all-purpose vehicles, as defined in R.C. § 4519.01, are contained, maintained, or operated for recreational activities.

(v) The provision of public defender services by a county or joint county public defender's office pursuant to R.C. Chapter 120;

(w) 1. At any time before regulations prescribed pursuant to 49 U.S.C. § 20153 become effective, the designation, establishment, design, construction, implementation, operation, repair, or maintenance of a public road rail crossing in a zone within a municipal corporation in which, by ordinance, the legislative authority of the municipal corporation regulates the sounding of locomotive horns, whistles, or bells;

2. On and after the effective date of regulations prescribed pursuant to 49 U.S.C. § 20153, the designation, establishment, design, construction, implementation, operation, repair, or maintenance of a public road rail crossing in such a zone or of a supplementary safety measure, as defined in 49 U.S.C. § 20153, at or for a public road rail crossing, if and to the extent that the public road rail crossing is excepted, pursuant to subsection (c) of that section, from the requirement of the regulations prescribed under subsection (b) of that section.

(x) A function that the General Assembly mandates a political subdivision to perform.

LAW. Any provision of the Constitution, statutes, or rules of the United States or of this state, provisions of charters, ordinances, resolutions, and rules of political subdivisions, and written policies adopted by boards of education. When used in connection with the “common law,” this definition does not apply.

MOTOR VEHICLE. Has the same meaning as in R.C. § 4511.01.

POLITICAL SUBDIVISION or SUBDIVISION. A municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. POLITICAL SUBDIVISION includes but is not limited to a county hospital commission appointed under R.C. § 339.14, board of hospital commissioners appointed for a municipal hospital under R.C. § 749.04, board of hospital trustees appointed for a municipal hospital under R.C. § 749.22, regional planning commission created pursuant to R.C. § 713.21, county planning commission created pursuant to R.C. § 713.22, joint planning council created pursuant to R.C. § 713.231, interstate regional planning commission created pursuant to R.C. § 713.30, port authority created pursuant to R.C. §§ 4582.02 or 4582.26 or in existence on December 16, 1964, regional council established by political subdivisions pursuant to R.C. Chapter 167, emergency planning district and joint emergency planning district designated under R.C. § 3750.03, joint emergency medical services district created pursuant to R.C. § 307.052, a fire and ambulance district created pursuant to R.C. § 505.375, joint interstate emergency planning district established by an agreement entered into under that section, and a county solid waste management district and joint solid waste management district established under R.C. §§ 343.01 or 343.012, a community school established under R.C. Chapter 3314, county land reutilization corporation organized under R.C. Chapter 1724, the county or counties served by a community-based correctional facility and program or district community-based correction facility and program established and operated under R.C. §§ 2301.51 through 2301.58, a community-based correctional facility and program or district community- based correctional facility and program that is so established and operated, and the facility governing board of a community-based correctional facility and program or district community-based correctional facility and program that is so established and operated.

PROPRIETARY FUNCTION.

(1) A function of a political subdivision that is specified in division (2) of this definition or that satisfies both of the following:

(a) The function is not one described in divisions (1)(a) or (1)(b) of the definition of GOVERNMENTAL FUNCTION contained in this section, and is not one specified in division (2) of the definition of GOVERNMENTAL FUNCTION contained in this section;

(b) The function is one that promotes or preserves the public peace, health, safety, or welfare and that involves activities that are customarily engaged in by nongovernmental persons.

(2) A PROPRIETARY FUNCTION includes, but is not limited to, the following:

(a) The operation of a hospital by one or more political subdivisions;

(b) The design, construction, reconstruction, renovation, repair, maintenance, and operation of a public cemetery other than a township cemetery;

(c) The establishment, maintenance, and operation of a utility, including, but not limited to, a light, gas, power, or heat plant, a railroad, a busline or other transit company, an airport, and a municipal water supply system;

(d) The maintenance, destruction, operation, and upkeep of a sewer system;

(e) The operation and control of a public stadium, auditorium, civic or social center, exhibition hall, arts and crafts center, band or orchestra, or off-street parking facility.

PUBLIC ROADS. Means public roads, highways, streets, avenues, alleys, and bridges within a political subdivision. PUBLIC ROADS does not include berms, shoulders, rights-of-way, or traffic control devices unless the traffic control devices are mandated by the Ohio Manual of Uniform Traffic Control Devices.

STATE. The State of Ohio, including, but not limited to, the General Assembly, the Supreme Court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges, and universities, institutions, and other instrumentalities of the State of Ohio. STATE does not include political subdivisions.

(R.C. § 2744.01)

§ 33.02 NONLIABILITY OF MUNICIPALITY; EXCEPTIONS.

(A) Classifications of functions; nonliability; jurisdiction of the courts.

(1) For the purposes of this chapter, the functions of political subdivisions are classified as governmental functions and proprietary functions. Except as provided in division (B) of this section, a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.

(2) Subject to statutory limitations upon their monetary jurisdiction, the Courts of Common Pleas, the Municipal Courts, and the County Courts have jurisdiction to hear and determine civil actions governed by or brought pursuant to this chapter.

(B) Exceptions. Subject to § 33.03 and R.C. §§ 2744.03 and 2744.05, a political subdivision is liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by an act or omission of the political subdivision or of any of its employees in connection with a governmental or proprietary function, as follows:

(1) Except as otherwise provided in this division, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority. The following are full defenses to that liability:

(a) A member of a municipal police department or any other police agency was operating a motor vehicle while responding to an emergency call and the operation of the vehicle did not constitute willful or wanton misconduct;

(b) A member of a municipal fire department or any other firefighting agency was operating a motor vehicle while engaged in duty at a fire, proceeding toward a place where a fire is in progress or is believed to be in progress, or answering any other emergency alarm and the operation of the vehicle did not constitute willful or wanton misconduct;

(c) A member of an emergency medical service owned or operated by a political subdivision was operating a motor vehicle while responding to or completing a call for emergency medical care or treatment, the member was holding a valid commercial driver's license issued pursuant to R.C. Chapter 4506 or a driver's license issued pursuant to R.C. Chapter 4507, the operation of the vehicle did not constitute willful or wanton misconduct, and the operation complies with the precautions of R.C. § 4511.03.

(2) Except as otherwise provided in R.C. §§ 3314.07 and 3746.24, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent performance of acts by their employees with respect to proprietary functions of the political subdivisions.

(3) Except as otherwise provided in R.C. § 3746.24, political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads, except that it is a full defense to that liability, when a bridge within a municipality is involved, that the municipality does not have the responsibility for maintaining or inspecting the bridge.

(4) Except as otherwise provided in R.C. § 3746.24, political subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses, but not including jails, places of juvenile detention, workhouses, or any other detention facility, as defined in R.C. § 2921.01.

(5) In addition to the circumstances described in divisions (B)(1) through (4) of this section, a political subdivision is liable for injury, death, or loss to person or property when civil liability is expressly imposed upon the political subdivision by a section of the Revised Code, including, but not limited to, R.C. §§ 2743.02 and 5591.37. Civil liability shall not be construed to exist under another section of this code or the Revised Code merely because that section imposes a responsibility or mandatory duty upon a political subdivision, because that section provides for a criminal penalty, because of a general authorization in that section that a political subdivision may sue and be sued, or because that section uses the term “shall” in a provision pertaining to a political subdivision.

(C) An order that denies a political subdivision or an employee of a political subdivision the benefit of an alleged immunity from liability as provided in this chapter or any other provision of the law is a final order.

(R.C. § 2744.02)

§ 33.03 DEFENSES AND IMMUNITIES.

(A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability:

(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function.

(2) The political subdivision is immune from liability if the conduct of the employee involved, other than negligent conduct, that gave rise to the claim of liability was required by law or authorized by law, or if the conduct of the employee involved that gave rise to the claim of liability was necessary or essential to the exercise of powers of the political subdivision or employee.

(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion of the employee with respect to policy making, planning, or enforcement powers by virtue of the duties and responsibilities of the office or position of the employee.

(4) The political subdivision is immune from liability if the action or failure to act by the political subdivision or employee involved that gave rise to the claim of liability, resulted in injury or death to a person who had been convicted of or pleaded guilty to a criminal offense and who, at the time of the injury or death, was serving any portion of his or her sentence by performing community service work for or in the political subdivision whether pursuant to R.C. § 2951.02 or otherwise, or resulted in injury or death to a child who was found to be a delinquent child and who, at the time of the injury or death, was performing community service or community work for or in a political subdivision in accordance with the order of a juvenile court entered pursuant to R.C. §§ 2152.19 or 2152.20, and if, at the time of that person's or child's injury or death, the person or child was covered for purposes of R.C. Chapter 4123 in connection with the community service or community work for or in the political subdivision.

(5) The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources, unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.

(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or R.C. §§ 3314.07 and 3746.24, the employee is immune from liability unless one of the following applies:

(a) His or her acts or omissions were manifestly outside the scope of his or her employment or official responsibilities;

(b) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;

(c) Civil liability is expressly imposed upon the employee by a section of the Revised Code. Civil liability shall not be construed to exist under another section of the Revised Code merely because that section imposes a responsibility or mandatory duty upon an employee, because that section provides for a criminal penalty, because of a general authorization in that section that an employee may sue and be sued, or because the section uses the term "shall" in a provision pertaining to an employee.

(7) The political subdivision, and an employee who is the Chief Legal Officer of a political subdivision, an assistant of any such person, or a judge of a court of this state, is entitled to any defense or immunity available at common law or established by the Revised Code.

(B) Any immunity or defense conferred upon, or referred to in connection with, an employee by division (A)(6) or (7) of this section does not affect or limit any liability of a political subdivision for an act or omission of the employee as provided in § 33.02 above.

(R.C. § 2744.03)

§ 33.04 LIMITATION OF ACTIONS.

(A) An action against a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, whether brought as an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, shall be brought within 2 years after the cause of action accrues, or within any applicable shorter period of time for bringing the action provided by the Revised Code. The period of limitation contained in this division shall be tolled pursuant to R.C. § 2305.16. This section applies to actions brought against political subdivisions by all persons, governmental entities, and the state.

(B) In the complaint filed in a civil action against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by an act or omission in connection with a governmental or proprietary function, whether filed in an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, the complainant shall include a demand for a judgment for the damages that the judge in a nonjury trial or the jury in a jury trial finds that the complainant is entitled to be awarded, but shall not specify in that demand any monetary amount for damages sought.

(R.C. § 2744.04)

§ 33.05 DAMAGES.

(A) Notwithstanding any other provision of the Revised Code or rules of a court to the contrary, in an action against a political subdivision to recover damages for injury, death or loss to person or property caused by an act or omission in connection with a governmental or proprietary function, punitive or exemplary damages shall not be awarded.

(B) (1) If a claimant receives or is entitled to receive benefits for injuries or loss allegedly incurred from a policy or policies of insurance or any other source, the benefits shall be disclosed to the court, and the amount of the benefits shall be deducted from any award against a political subdivision recovered by the claimant. No insurer or other person is entitled to bring an action under a subrogation provision in an insurance or other contract against a political subdivision with respect to those benefits. The amount of the benefits shall be deducted from an award against a political subdivision under division (B)(1) of this section regardless of whether the claimant may be under an obligation to pay back the benefits upon recovery, in whole or in part, for the claim. A claimant whose benefits have been deducted from an award under division (B)(1) of this section is not considered fully compensated and shall not be required to reimburse a subrogated claim for benefits deducted from an award pursuant to division (B)(1) of this section.

(2) Nothing in division (B)(1) of this section shall be construed to do either of the following:

(a) Limit the rights of a beneficiary under a life insurance policy or the rights of sureties under fidelity or surety bonds;

(b) Prohibit the Department of Medicaid from recovering from the political subdivision, pursuant to R.C. § 5160.37, the cost of medical assistance under a medical assistance program.

(C) (1) There shall not be any limitation on compensatory damages that represent the actual loss of the person who is awarded the damages. However, except in wrongful death actions brought pursuant to R.C. Chapter 2125, damages that arise from the same cause of action, transaction or occurrence, or series of transactions or occurrences and that do not represent the actual loss of the person who is awarded the damages shall not exceed $250,000 in favor of any one person. The limitation on damages that do not represent the actual loss of the person who is awarded the damages provided in this section does not apply to court costs that are awarded to a plaintiff, or to interest on a judgment rendered in favor of a plaintiff, in an action against a political subdivision.

(2) (a) As used in this section, THE ACTUAL LOSS OF THE PERSON WHO IS AWARDED THE DAMAGES includes all of the following:

1. All wages, salaries, or other compensation lost by the person injured as a result of the injury, including wages, salaries, or other compensation lost as of the date of a judgment and future expected lost earnings of the person injured;

2. All expenditures of the person injured or another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations that were necessary because of the injury;

3. All expenditures to be incurred in the future, as determined by the court, by the person injured or another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, service, products or accommodations that will be necessary because of the injury;

4. All expenditures of a person whose property was injured or destroyed or of another person on behalf of the person whose property was injured or destroyed in order to repair or replace the property that was injured or destroyed;

5. All expenditures of the person injured or of the person whose property was injured or destroyed or of another person on behalf of the person injured or of the person whose property was injured or destroyed in relation to the actual preparation or presentation of the claim involved;

6. Any other expenditures of the person injured or of the person whose property was injured or destroyed or of another person on behalf of the person injured or of the person whose property was injured or destroyed that the court determines represent an actual loss experienced because of the personal or property injury or property loss.

(b) THE ACTUAL LOSS OF THE PERSON WHO IS AWARDED THE DAMAGES does not include any fees paid or owed to an attorney for any services rendered in relation to a personal or property injury or property loss, and does not include any damages awarded for pain and suffering, for the loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education of the person injured, for mental anguish, or for any other intangible loss.

(R.C. § 2744.05)

§ 33.06 SATISFACTION OF JUDGMENTS.

(A) Real or personal property, and moneys, accounts, deposits, or investments of a political subdivision are not subject to execution, judicial sale, garnishment, or attachment to satisfy a judgment rendered against a political subdivision in a civil action to recover damages for injury, death, or loss to person or property caused by an act or omission of the political subdivision or any of its employees in connection with a governmental or proprietary function. Those judgments shall be paid from funds of the political subdivisions that have been appropriated for that purpose, but, if sufficient funds are not currently appropriated for the payment of judgments, the fiscal officer of a political subdivision shall certify the amount of any unpaid judgments to the taxing authority of the political subdivision for inclusion in the next succeeding budget and annual appropriation measure and payment in the next succeeding fiscal year as provided by R.C. § 5705.08, unless any judgment of that nature is to be paid from the proceeds of bonds issued pursuant to R.C. § 133.14 or pursuant to annual installments authorized by divisions (B) or (C) of this section.

(B) (1) (a) As used in this section, THE ACTUAL LOSS OF THE PERSON WHO IS AWARDED THE DAMAGES includes all of the following:

1. All wages, salaries, or other compensation lost by the person injured as a result of the injury, as of the date of judgment;

2. All expenditures of the person injured or of another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations that were necessary because of the injury;

3. All expenditures of a person whose property was injured or destroyed or of another person on behalf of the person whose property was injured or destroyed in order to repair or replace the property that was injured or destroyed;

4. All expenditures of the person injured or whose property was injured or destroyed or of another person on behalf of the person injured whose property was injured or destroyed in relation to the actual preparation or presentation of the claim involved;

5. Any other expenditure of the person injured or whose property was injured or destroyed or of another person on behalf of the person injured or of the person whose property was injured or destroyed that the court determines represent an actual loss experienced because of the personal or property injury or property loss.

(b) As used in this section, THE ACTUAL LOSS OF THE PERSON WHO IS AWARDED THE DAMAGES does not include any of the following:

1. Wages, salaries, or other compensation lost by the person injured as a result of the injury that are future expected earnings of that person;

2. Expenditures to be incurred in the future, as determined by the court, by the person injured or by another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations that will be necessary because of the injury;

3. Any fees paid or owed to an attorney for any services rendered in relation to a personal or property injury or property loss;

4. Any damages awarded for pain and suffering, for the loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education of the person injured, for mental anguish, or for any other intangible loss.

(2) (a) Except as specifically provided to the contrary in this section, a court that renders a judgment against a political subdivision as described in division (A) of this section and that is not in favor of the state may authorize the political subdivision, upon the motion of the political subdivision, to pay the judgment or a specified portion of the judgment in annual installments over a period not to exceed 10 years, subject to the payment of interest at the rate specified in R.C. § 1343.03(A). A court shall not authorize the payment in installments under this division of any portion of a judgment or entire judgment that represents the actual loss of the person who is awarded the damages.

(b) Additionally, a court shall not authorize the payment in installments under this division of any portion of a judgment or entire judgment that does not represent the actual loss of the person who is awarded the damages unless the court, after balancing the interests of the political subdivision and of the person in whose favor the judgment was rendered, determines that installment payments would be appropriate under the circumstances and would not be unjust to the person in whose favor the judgment was rendered. If a court makes that determination, it shall fix the amount of the installment payments in a manner that achieves for the person in whose favor the judgment was rendered the same economic result over the period as that person would have received if the judgment or portion of the judgment subject to the installment payments had been paid in a lump sum payment.

(C) At the option of a political subdivision, a judgment as described in division (A) of this section and that is rendered in favor of the state may be paid in equal annual installments over a period not to exceed 10 years, without the payment of interest.

(R.C. § 2744.06)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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