Haverlack v. Portage Homes, Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Courts held that Chapter 2744 restored immunity for many political subdivision tort claims after Haverlack removed common law immunity. The separate holding allowing a private damages action without first pursuing Ohio EPA remedies was not displaced by these rulings.
65 later cases cite Haverlack v. Portage Homes, Inc.; 65 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Haverlack v. Portage Homes, Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by statute
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The Sixth District held that Chapter 2744 restored municipal tort immunity after Haverlack and barred a post-enactment negligence claim against Toledo.
Smith v. Minnick · Ohio Court of Appeals, Sixth District · filed
However, on November 20, 1985, the Political Subdivision Tort Liability Act became effective. R.C. Chapter 2744. This act was the legislature’s response to almost the total abrogation of municipal immunity by the Supreme Court of Ohio. ... Haverlack v. Portage Homes, Inc. ... Consequently, it is apparent that the original Act as adopted is intended to offer political subdivisions a general grant of immunity from tort liability under most circumstances.
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The Twelfth District held that Chapter 2744 reinstated immunity after Haverlack and upheld the statute's limit on liability for the county.
Agee v. Butler County · Ohio Court of Appeals, Twelfth District · filed
In 1982, the Ohio Supreme Court abrogated the doctrine of sovereign immunity as it had been judicially created, holding that the defense was unavailable to a municipal corporation sued for the negligent operation of a sewage treatment plant. ... Haverlack v. Portage Homes, Inc. ... the legislature adopted R.C. Chapter 2744, entitled the “Political Subdivision Tort Liability Act,” which proposed to statutorily reinstate sovereign immunity. ... Thus, a political subdivision is immune from liability unless R.C. Chapter 2744 provides otherwise.
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The Second District applied Chapter 2744's restored political subdivision immunity to affirm judgment for Darke County after Haverlack had removed common law immunity.
Feitshans v. Darke County · Ohio Court of Appeals, Second District · filed
In 1982, the Ohio Supreme Court abrogated the judicial doctrine of sovereign immunity as it related to municipalities. ... Haverlack v. Portage Homes, Inc. ... The Act generally restores immunity for all political subdivisions. See R.C. 2744.01(F).
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The Eleventh District held that Chapter 2744 reinstated immunity after Haverlack and applied it to the park board.
Nelson v. Board of Park Commissioners · Ohio Court of Appeals, Eleventh District · filed
Following the Supreme Court of Ohio's abrogation of sovereign immunity for municipal corporations in Haverlack, supra, 2 Ohio St.3d 26, the General Assembly reinstated sovereign immunity when it enacted R.C. Chapter 2744, which governs, among other things, municipal tort liability. ... The trial court also correctly concluded that R.C. 2744.02(A)(1) relieved appellee of liability and that the break wall was outside the confines of Township Park.
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The Sixth District held that Chapter 2744 barred a negligence claim against Toledo for its governmental demolition function, despite Haverlack's earlier removal of common law immunity.
Holtz v. Toledo · Ohio Court of Appeals, Sixth District · filed
When the Supreme Court of Ohio abrogated the common law doctrine of sovereign immunity for municipalities, seeHaverlack v. Portage Homes, Inc. (1982), 2 Ohio St.3d 26, at paragraph two of the syllabus, the General Assembly responded by enacting the Political Subdivision Tort Liability Act, 1985 Am.Sub.H.B. 176, codified as R.C. Chapter 2744. ... We find nothing in the statutes which would exempt this circumstance from the blanket immunity afforded political subdivisions for governmental functions. Consequently, the trial court properly granted appellee summary judgment on appellant's tort claim.
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Limited
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The Ninth District declined to extend Haverlack's municipal negligence liability to punitive damages and attorney fees absent statutory authorization.
Henry v. City of Akron · Ohio Court of Appeals, Ninth District · filed
Neither Enghauser nor Haverlack defines the parameters of the newfound right of a private litigant against a municipality. The Ohio Supreme Court has not ruled on the issue of whether attorney fees or punitive damages may be awarded against a municipal corporation. ... Therefore, we hold that punitive damages cannot be awarded against a municipal corporation.
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