1981 010 Resolution - Laserfiche WebLink

Home Browse Search

~R~:so.Ltrm~T:oN. ~~NO. 81-Zo INTRODUCED BY: Mayor & Council as a Whole A RESOLUTION URGING THE GENERAL ASSEMBLY TO DEFEAT H.B. 31, EXPANDING THE LIABILITY OF MUNICIPAL CORPORATIONS, AND THE MEMBERS OF THEIR SAFETY FORCES PERSONALLY, FOR THE NEGLIGENT OPERATION OF MOTOR VEHICLES. WHEREAS, existing Section 701.02 of the Ohio Revised Code limits the liability of municipal corporations for damages for injury or loss to persons or property caused by the. negligence of its officers, agents, or servants while operating a motor vehicle while engaged in the business of the municipal corporation; and WHEREAS, existing Section 701.02 of the Ohio Revised Code provides the municipality a full defense as to members of the police and fire departments for such negligence if such employees are responding to or answering emergency calls; and WHEREAS, existing Section 701.02 of the Ohio Revised Code further provides personal immunity to members of the police department of a municipal corporation for such damages if they occur while the police officer is engaged in the operation of a motor vehicle while responding to an emergency call; and WHEREAS, existing Section 701.02 of the Ohio Revised Code provides personal immunity to members of the fire department of the municipal corporation for such damages if they occur while the firefighter is engaged in the operation of a motor vehicle in the performance of a governmental function; and WHEREAS, H.B. 31 would amend existing Section 701.02 of the Ohio Revised Code by exposing a municipal corporation to liability for the negligent operation of a motor vehicle by members of the police and fire departments when, in operating the motor vehicle, such employees fail to slow the vehicle when approaching a red or stop signal or a stop sign to the extent necessary to protect persons using the highway from injury, death, or loss to person or property; and WHEREAS, H.B. 31 would further amend existing Section 701.02 of the Ohio Revised Code by further exposing a municipal corporation to liability for the negligent operation of a motor vehicle by members of the police and fire departments when, in the operation of the motor vehicle, such employee fails to operate the vehicle past a red or stop signal or a stop sign with the decree of care necessary to protect persons using the highway from injury, death, or loss to person or property; and WHEREAS, H.B. 31 would further amend existing Section 701.02 of the Ohio Revised Code by exposing members of the police and fire