Background
Jermaine Jackson alleged that the City of Cleveland negligently repaired a water-main break on his street in August 2022, filling the hole with concrete curb debris that caused his sewer line to collapse. Jackson did not discover the damage until August 2023, when his girlfriend noticed flies and mice in the garage, prompting him to open a hatch to his crawl space where he found sewer backup. He filed suit in June 2025.
The City moved for judgment on the pleadings, arguing Jackson’s claims were barred by the two-year statute of limitations under R.C. 2744.04(A) (which the City measured from the August 2022 repair date) and by political subdivision immunity under R.C. Chapter 2744. The trial court granted the motion without stating a reason, just five days after receiving the motion and one day after Jackson’s counsel requested a time extension.
The Court’s Holding
The Eighth District reversed and remanded on both grounds. First, the court held that the discovery rule applies to the statute of limitations under R.C. 2744.04(A), citing its own precedent in Cohen v. Bedford Heights. The court rejected Cleveland’s argument that R.C. 2744.04(A) only tolls for minors and persons of unsound mind. Under the discovery rule, the statute begins to run when the plaintiff discovers, or through reasonable diligence should have discovered, the cause of action. Based on Jackson’s allegations that he did not discover the sewer backup until August 2023, the complaint filed in June 2025 was potentially timely.
On political subdivision immunity, the court conducted the three-tiered R.C. 2744 analysis. While the City enjoys general immunity under the first tier, the court found the proprietary-function exception under R.C. 2744.02(B)(2) (negligent acts of employees in proprietary functions) and the negligent-maintenance exception under R.C. 2744.02(B)(3) may apply, and that these questions could not be resolved on the pleadings alone. The court noted that sewer and water services are typically proprietary functions and that the City’s alleged negligent repair could fall within the exceptions to immunity.
Key Takeaways
- The discovery rule applies to the two-year statute of limitations for political subdivision tort claims under R.C. 2744.04(A) — accrual begins upon actual or constructive discovery of the injury.
- Political subdivision immunity under R.C. Chapter 2744 generally cannot be resolved on a Civ.R. 12(C) motion when the relevant facts are not unequivocally established in the pleadings.
- Sewer and water services are typically classified as proprietary functions, which may trigger the R.C. 2744.02(B)(2) exception to governmental immunity.
Why It Matters
This decision is significant for Ohio municipal liability practitioners. By confirming the discovery rule’s application to political subdivision claims, the court ensures that plaintiffs whose injuries are inherently delayed in detection — such as underground sewer damage — are not barred before they even know they have a claim. The ruling also reminds municipalities that immunity motions are generally better suited for summary judgment after discovery, rather than on the pleadings. The trial court’s hasty resolution — granting judgment one day after a response extension was requested — underscores the importance of allowing adequate briefing time on dispositive motions.