NEGLIGENCE/INSURANCE LAW COMMITTEE

Law Enforcement Agencies May Now Charge up to $750 for the Release of Video Records

  • H.B. 315 was signed into law on January 2, 2025 and goes into effect on April 2, 2025. A few points to note are that:
    • $750 is the cap on the amount that may be charged;
    • The agency may only charge the actual cost in preparing the video;
    • Agencies may require prepayment of the estimated cost;
    • Agencies shall provide the estimated cost within five (5) business days of the receipt of the request; and
    • Agencies shall not charge a difference of more than 20% of the estimated cost.

City of Columbus Enacts Pond Safety Codes for Apartment Complexes

  • The Columbus City Council enacted section 4525.17 of the Columbus City Code on December 17, 2024 to address the safety of multi-unit residential ponds in the City of Columbus. The new requirements include warning signs, life-saving devices, and annual notices to residents of apartment complexes. In addition, for new construction ponds, a submerged bench (i.e., “safety shelf”) must be installed.

Decisions:

  • Law Enforcement Immunity – Law Enforcement Pursuit – Bevelacqua v. Tancak, et al., 2025-Ohio-217 (9th District Court of Appeals)
    • Result: Reasonable minds could differ as to whether law enforcement officer engaged in reckless, willful, or wanton misconduct and whether officer’s actions were a proximate cause of the motorcycle crash killing Plaintiff-Appellant’s daughter where officer continued to follow at speeds in excess of the speed limit after officer was ordered to discontinue pursuit of speeding motorcycle.
  • Farm Liability Insurance Coverage – Motor Vehicle – Turner v. Pontones, 2025-Ohio-253 (7th District)
    • Result: Reversed trial court decision granting summary judgment to State Farm.
  • Trucking Safety – Kaylee Willis v. Road King Trucking, L.L.C., 2024-Ohio-5921 (10th District)
    • Result: Judgment affirmed in favor of Defendants-Appellees.

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