More particularly, it should be observed that this case arose out of events which occurred during a time when this court had, in a series of divided opinions, judicially abrogated the application of the doctrine of sovereign immunity as a defense for municipal corporations. Accordingly, dispatcher Wortman was under no initial obligation to provide police intervention, and any Ottawa Hills officer who responded would have done so with only the authority and the insurance protection of an ordinary citizen. The impact of the above laws and policies were well known to the two Ottawa Hills police officers on duty that night. Appellees' claim is therefore reduced to whether or not the dispatcher voluntarily assumed a duty by his verbal conduct during the telephone conversations with Leslie Sawicki.
Some witnesses said a tractor-trailer was parked behind her car. Not forgotten: On August 22, the eve of the 20th anniversary of Zywicki's disappearance, the head of Illinois State Police insisted investigators haven't forgotten the case and offered a ,000 reward She and her now-retired husband have endured the birthdays, holidays, and other special occasions they no longer get to share with their daughter, and 'you just go into a pattern of maybe acceptance, that that's the way it is,' she said last month.
In the case sub judice the trial court instructed the jury upon ordinary negligence principles as well as those of the public duty-special duty theories of liability. One of the officers testified that shortly before the events at issue, a former Ottawa Hills police officer, who had been shot, was denied workers' compensation benefits because he had been standing a few feet beyond the Ottawa Hills jurisdictional boundaries when he was shot.
This policy was communicated to all police officers by way of written Section Orders.
In considering these claims, we begin by noting that even under Haverlack, supra, and its progeny, there was an expressed exception to the effect that no governmental entity could be made liable for "the making of a basic policy decision which is characterized by the exercise of a high degree of official judgment or discretion." Marrek v. On the municipal level, the village of Ottawa Hills had enacted Section 508 of the Rules and Regulations of the village of Ottawa Hills, which stated that no police officer was to respond to calls outside the jurisdiction except in response to a call for aid essentially of the kind set forth in the Mutual Aid Pact.
Looking at the back of the motel postcard, one sees a code printed in the stamp box at top right.
The code reads 2C-H3, the most important part of the code being the 2C. As to the claim before us, the liability of Ottawa Hills is asserted to rest upon two failures: (1) that through dispatcher Wortman the village negligently failed to dispatch an Ottawa Hills police unit in response to Leslie Sawicki's pleas for help, (2) that dispatcher Wortman was negligent in communicating the exact circumstances which would indicate a life-threatening emergency to the Toledo Police Department; and that either or both of the above failures proximately caused the death of Peter Sawicki and all of appellees' damages. Moreover, workers' compensation benefits were available only to police officers who acted within the scope of the above jurisdictional limitations. Also, to hold otherwise would allow any member of the general public to unilaterally call into existence this special relationship and thereby direct the discretion of police command officers. Cincinnati (1983), 6 Ohio St.3d 118, 6 OBR 178, 451 N. Newark (1985), 18 Ohio St.3d 144, 18 OBR 203, 480 N. Accordingly, the municipality of Ottawa Hills had no blanket immunity for its actions performed within the time frame delineated above. At the time of the events at issue, the law of Ohio specified in R. 2935.03 that police officers had no arrest powers, as police officers, when acting outside the boundaries of their political subdivisions, subject to narrowly tailored and inapplicable exceptions, such as "hot pursuit." R. 737.04 and 737.10 provided insurance coverage only to those municipal police officers who responded outside their jurisdiction pursuant to a Mutual Aid Pact. A special duty to protect each and every member of the public who calls for assistance is, quite simply, not any different than a police department's general statutory obligations. Crucial to an appropriate analysis is the fact that the Ohio statutes rendered out-of-jurisdiction police responders virtually powerless to arrest, except under very narrow circumstances, and left them without the protections of their insurance policies or workers' compensation. This cannot equate to a duty to respond which will support an action in negligence. 2d 887, motion to dismiss appeals denied (1983), 58 N. For news reports for general European archaeology, go to The Archaeology of Europe News Blog.