Hackathorn v. Springfield Local School Dist

6 Citing cases

  1. Decastro v. Wellston City School

    Case No. OOCAOO6 (Ohio Ct. App. Sep. 13, 2000)

    The Board of Education relies on case law from other appellate districts to support its position that actual damages must be proven as an element of a breach of contract claim. See, e.g., Textron Financial Corp. v. Nationwide Mut. Ins. Co. (1996), 115 Ohio App.3d 137; Hackathorn v. Springfield Local School District (1994), 94 Ohio App.3d 319. While we agree that should be the law, we cannot conclude that it is. As noted above, the black letter of the law on this issue is clear.

  2. Tudor v. City of Cincinnati

    130 Ohio App. 3d 805 (Ohio Ct. App. 1998)   Cited 3 times
    Trespassing in a city building

    We understand these cases to refer to private property incidentally used for a governmental purpose. See, e.g., Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882 (wrongful-death case in which decedent died in a private residence where a public school vocational class was performing renovations); McCloud v. Nimmer (1991), 72 Ohio App.3d 533, 595 N.E.2d 492 (involving a plaintiff who was accidentally shot by a police officer in a government-subsidized private residence).Hackathorn, supra, 94 Ohio App.3d at 325, 640 N.E.2d at 885; McCloud, supra, 72 Ohio App.3d at 539, 595 N.E.2d at 496.

  3. DeCastro v. Wellston City School District Board of Education

    94 Ohio St. 3d 197 (Ohio 2002)   Cited 53 times
    In DeCastro, a high school senior was suspended for four days after he allegedly yelled and threw an egg at a replacement teacher in the midst of a strike.

    It reversed and remanded the cause for further proceedings. The court of appeals certified a conflict to this court, finding that its decision conflicted with those of the Sixth District in Munoz v. Flower Hosp. (1985), 30 Ohio App.3d 162, 30 OBR 303, 507 N.E.2d 360, and the Ninth District in Textron Fin. Corp. v. Nationwide Mut. Ins. Co. (1996), 115 Ohio App.3d 137, 684 N.E.2d 1261, and Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882. The case is now before this court upon our determination that a conflict exists (case No. 00-2187) and upon the allowance of a discretionary appeal (case No. 00-1853).

  4. Dornal v. Cincinnati Metropolitan Housing Auth.

    2010 Ohio 6236 (Ohio Ct. App. 2010)   Cited 1 times
    In Dornal v. Cincinnati Metro. Housing Auth., No. C-100172, 2010 WL 5275240 (Ohio Ct. App. Dec. 17, 2010), a parent who participated in a federally-subsidized housing program and rented her home from a private landlord sued the metropolitan housing authority (who administered the subsidy program) alleging that its negligence had caused her son to suffer lead poisoning as a result of lead contamination in the private home.

    The performance of a governmental function at a privately owned facility does not transform that building into one that is "used in connection with the performance of a governmental function." See Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882 (vocational class project at the decedent's private residence); Perry v. E. Cleveland (Feb. 16, 1996), 11th Dist. No. 95-L-111 (maintenance of a police dog in a private home); Neelon v. Conte (Nov. 13, 1997), 8th Dist. No. 72646 (school party at principal's private home); Troutman v. Bd. of Edn., 12th Dist. No. CA2009-08-016, 2010-Ohio-855 (school tutoring services in the tutor's private residence). See McBrayer v. Laidlaw Environmental Servs., Inc. (Dec. 28, 1999), 10th Dist. No. 99AP-115 (city's enforcement of environmental standards at a privately owned and operated facility).

  5. Starling v. Metrohealth Center Skilled

    Accelerated Docket No. 75554 (Ohio Ct. App. Sep. 2, 1999)

    If the function does not meet (a), (b) or (c), above, and is not specified in R.C. 2744.01 (C) (2), it is a proprietary function. See Hackathorn v. Springfield Local School Dist. Ed. of Edn. (1994), 94 Ohio App.3d 319, 324. The government is not required to operate a county home as an obligation of sovereignty.

  6. Hackathorn v. Preisse

    104 Ohio App. 3d 768 (Ohio Ct. App. 1995)   Cited 59 times
    In Hackathorn, the students of a vocational class cut a hole through the floor of a woman's dining room as part of a class project.

    This court previously affirmed the partial dismissal and partial summary judgment granted in Springfield's favor in Hackathorn's suit against Springfield. Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882. The facts of Hackathorn are identical to those in the case sub judice and need not be fully repeated here.