The Ohio Court of Appeals has ruled against the City of Cleveland in a negligence case involving East Ohio Gas Company, allowing the gas company to pursue claims for damages to its underground gas lines. This ruling, issued on June 18, 2026, is significant as it addresses the issue of political-subdivision immunity, which often protects government entities from liability in negligence cases.
The case, East Ohio Gas Co. v. Cleveland, No. 115647, stems from a series of incidents where city employees allegedly damaged East Ohio Gas’s underground natural gas lines. The court's decision means that the city must face the claims brought by East Ohio Gas, which seeks to recover repair costs from the damages incurred.
In this case, East Ohio Gas filed a complaint against the City of Cleveland after city employees struck and damaged its underground gas lines on 15 separate occasions between February 2023 and October 2024. The gas company claimed that these incidents resulted from the negligence of city workers during excavation activities. The dispute escalated to the Ohio Court of Appeals after the city sought partial summary judgment, arguing that it was entitled to immunity under Ohio law.
The City of Cleveland argued that it should be protected from liability due to political-subdivision immunity, which generally shields government entities from negligence claims. The city submitted evidence to support its position, including affidavits from water department unit leaders and documentation of the conditions at the excavation sites. However, East Ohio Gas countered with evidence suggesting that the city had failed to follow proper procedures, including not contacting the Ohio Utilities Protection Service (OUPS) before excavating.
The court ruled that genuine issues of material fact remained regarding the city's liability. Judge Anita Laster Mays, who authored the opinion, stated, "The record demonstrates that East Ohio Gas filed a timely opposition supported by Civ.R. 56 evidence directed to the City’s assertion of immunity on the contested claims." This indicates that the court found sufficient evidence to allow the case to proceed.
The court's ruling is significant as it clarifies the application of political-subdivision immunity in negligence cases involving municipal entities. The court emphasized that while government entities are generally immune from liability, exceptions exist, particularly when negligence is demonstrated in the performance of proprietary functions, such as operating and maintaining a municipal water supply system.
The ruling also highlights the importance of proper excavation practices and the responsibilities of municipal employees when working near underground utilities. The court noted that East Ohio Gas had provided evidence that city employees had struck accurately marked gas lines and had failed to comply with statutory excavation requirements.
As a result of the ruling, the City of Cleveland must now face the claims brought by East Ohio Gas in court. The decision sets a precedent for how political-subdivision immunity is applied in similar cases, potentially impacting other municipalities facing negligence claims related to utility damages.
Moving forward, the case will proceed to further proceedings in the lower court to resolve the remaining claims. The City of Cleveland has the option to appeal the ruling, but the court's decision currently stands, allowing East Ohio Gas to pursue its claims for damages.
Details were not available in the court filing regarding any related cases or potential appeals. However, this ruling could influence how municipalities handle excavation work and their liability in similar situations involving utility damages.