BURYA v. LAKE METROPARKS BD., 114 Ohio St.3d 35 (2007)

2007-Ohio-2712, 867 N.E.2d 829

BURYA ET AL., APPELLEES, v. LAKE METROPARKS BOARD OF PARK COMMISSIONERS, APPELLANT, ET AL.

Nos. 2006-2078 and 2006-2094.Supreme Court of Ohio.Submitted May 23, 2007.
Decided June 20, 2007.

APPEAL from and CERTIFIED by the Court of Appeals for Lake County, No. 2005-L-015, 2006-Ohio-5192.

{¶ 1} The certified question is answered in the negative, and the judgment of the court of appeals holding that the trial court erred in granting summary judgment to appellant is reversed on the authority of Elston v. Howland Local

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Schools, 113 Ohio St.3d 314, 2007-Ohio-2070, 865 N.E.2d 845. The judgment of the trial court granting appellant’s motion for summary judgment is reinstated.

MOYER, C.J., LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

PFEIFER, J., dissents and would answer the certified question in the affirmative and affirm the judgment of the court of appeals.

Rosplock Perez, Richard J. Perez, and Jesse M. Schmidt, for appellees.

Law Offices of Steven K. Kelley and Cornelius J. O’Sullivan, for appellant.