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Ohio Supreme Court Rules Against Cuyahoga Falls in Natatorium Lawsuit

Michael Hawsman injured his knee on a swimming pool diving board at the Nat in 2006, and the family has been engaged in a lawsuit against the city ever since.

After six years of court proceedings, the family of Michael Hawsman scored a major victory in their pursuit to sue the City of Cuyahoga Falls after he injured his leg on a Natatorium diving board in 2006. 

In a unanimous decision, the Ohio Supreme Court justices ruled Tuesday that a "state law granting civil immunity to local governments did not bar the family of Michael Hawsman from seeking damages ... ," reports the Falls News Press. 

The family claimed the diving board wasn’t properly maintained, which led to the injury. The city, however, said it was immune from such liability and cited a section of the Ohio Revised Code to back its case.

The Summit County Court of Common Pleas had sided with the city, but in 2011, the Ninth District Court of Appeals overturned the ruling per an appeal by the Hawsman family, according to Falls Law Director Paul Janis in a June 22 interview with Patch.

“The court of appeals reversed, saying we were not immune from the liability and so we appealed to the Ohio Supreme Court and they accepted the case ... ,” said Janis.

Now, since the Ohio Supreme Court has affirmed the appeals court decision, the case will be remanded to trial court for further proceedings.

Darla DeNiro November 20, 2012 at 08:04 PM
Take that City of CFO!!!!
tarcy bubster November 20, 2012 at 08:39 PM
Good for the family!!!!
David November 20, 2012 at 09:30 PM
Good for that family for not backing down. The CF Natatorium deserves it!!! It's called Karma!!! They also turned away a married gay couple from having a family plan. I had heard about it. So when I moved to the area, I didn't even try. I went to the YMCA instead and they openly accepted us. Wait until they have to overturn that as well when Ohio makes Gay Marriage legal. You do bad things to others, and it will come back to bite you eventually.
Jason Mason November 20, 2012 at 09:33 PM
That's what they get for their Gay family stubborness! Isn't Karma just great?
Kay McIntosh November 20, 2012 at 11:33 PM
It's their right to deny a family pass to a gay couple. If you don't like it, patron elsewhere. Simple as that.

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