City of Cleveland isn’t at fault for drowning death, says Ohio Supreme Court

CLEVELAND, Ohio (WOIO) – The Ohio Supreme Court ruled Wednesday the city of Cleveland isn’t responsible for the drowning death of swimmer because of a ‘physical defect’ with the lifeguard chair.

According to a press release from the Ohio Supreme Court, the case of Hoskins v. Cleveland will be tried again as the court ruled in favor of the city.

During a routine visit, swimmer William Johnson died from drowning at Thurgood Marshall Recreation Center in December of 2019.

In 2023, the executor of Johnson’s will sued lifeguard Nieemah Hameed and the city of Cleveland in a wrongful death lawsuit alleging her negligence caused his death.

The suit claimed Hameed not sitting on the elevated lifeguard chair and instead using a folding chair prevented her from monitoring Johnson closely.

The city and Hameed appealed the suit saying they were not at fault because of an Ohio code saying state business are responsible for wrongful death case if there is a physical defect.

Both a trial court and Cuyahoga County’s Eighth District Court of Appeals sided with Hoskins saying the code didn’t excuse the defense.

The released state the Supreme Court found a physical defect to not be presence because Hameed’s view was not impaired because of the lifeguard chair.

The court ordered for the case to be sent back to the trial order.

From the release, the Supreme Court’s dissenting agreement made noted that lack of lifeguard chairs could be found as a physical defect.

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