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.