Is Denial of Summary Judgment Based on Governmental Immunity an Appealable Order?
Dottie Hubbell v. City of Xenia, Ohio, Case nos. 2006-1528 and 2006-1589 2nd District Court of Appeals ISSUE: In a civil action brought against a political subdivision, is a trial court order denying a defense motion for summary judgment based on governmental immunity a “final appealable order” subject to immediate review by a court of appeals? BACKGROUND: With limited exceptions, Chapter 2477 of the Ohio Revised Code grants to municipalities and other political subdivisions of the state a general immunity from civil liability for damages to third parties that are caused by the non-negligent actions of public agencies and employees in the performance of their governmental functions. In this case, homeowner Dottie Hubbell filed a civil lawsuit against the City of Xenia in the Greene County Court of Common Pleas to recover damages for the backup of a city sewer line that caused a significant flow of water and untreated sewage into her home through floor and sink drains and a toilet. The
