The Ohio Court of Appeals recently ruled on a case involving Richard and Linda Lesko, who filed a negligence lawsuit against Greene County and its Sanitary Engineering Director, Mark Chandler, after sewage water intruded into their home. The court's decision, issued on October 9, 2026, addresses the liability of the county and its officials in connection with the incident that occurred on October 7, 2023.
The ruling is significant as it clarifies the standards for governmental immunity in Ohio, particularly regarding the maintenance of public sewer systems. The outcome affects how local governments manage and maintain their infrastructure, potentially influencing future negligence claims related to similar incidents.
Background
The parties involved in this case are Richard and Linda Lesko, the plaintiffs, and the Greene County Board of County Commissioners and Mark Chandler, the defendants. The dispute arose when the Leskos experienced a sewage water intrusion at their home located at 1727 North Central Drive in Beavercreek, Ohio. They have owned this property since 1965 and had not previously encountered issues with the connected sewer main.
The Greene County Board operates the sewer system in question, while Mark Chandler was the Director of the Sanitary Engineering Department at the time of the incident. The department was responsible for maintaining the sewer system, including clearing obstructions caused by tree roots. The Leskos filed their complaint for negligence on November 7, 2024, after the incident, claiming that the defendants were responsible for the intrusion due to their failure to maintain the sewer system properly.
The trial court denied the defendants' motion for summary judgment, asserting that they were entitled to immunity under Ohio Revised Code Chapter 2744. This led to the appeal by Greene County and Chandler, seeking to overturn the trial court's decision.
The Ruling
The Ohio Court of Appeals affirmed in part and reversed in part the trial court's judgment. The court ruled that the Board was not entitled to immunity because the maintenance of the sewer system is considered a proprietary function, and the Leskos could pursue their negligence claim against the Board. Judge Robert G. Hanseman stated, "The inclusion of 1705 and 1726 North Central Avenue on the sanitary engineering department’s root list could lead a reasonable jury to conclude that the Board had constructive notice of the tree root intrusions that were a problem in that section of the sewer main."
However, the court reversed the trial court's ruling regarding Mark Chandler, concluding that he was entitled to statutory immunity as an employee of the Board. The court found that Chandler did not act with "malicious purpose, in bad faith, or in a wanton or reckless manner" and that his actions were within the scope of his employment. The ruling emphasized that negligence alone does not strip an employee of immunity.
Impact
This ruling has important implications for local governments in Ohio. It clarifies that while political subdivisions may be immune from liability for certain actions, they can still be held accountable for negligence related to the maintenance of public infrastructure, such as sewer systems. The decision reinforces the idea that governmental entities must exercise reasonable care in their operations to avoid liability for damages.
For individuals and property owners, this ruling may encourage more claims against local governments for negligence, particularly in cases involving infrastructure failures. It sets a precedent that local governments must be diligent in maintaining their facilities to prevent harm to citizens.
What's Next
The case is now remanded to the trial court for further proceedings consistent with the appellate court's opinion. The defendants may not appeal this ruling further, as the court's decision is final regarding the immunity of the Board and Chandler.