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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CLEVELAND — The Environmental Protection Agency (EPA) is proposing Cleveland be redesignated to attainment status for ground-level ozone, saying in press release Wednesday that the area meets national standards after years of air monitoring.

“Today’s proposal reflects our commitment to clean air for every community while making it easier for responsible projects to move forward,” EPA Regional Administrator Anne Vogel said in the release. “Working with Ohio EPA, local leaders, and employers, we cut ozone emissions. That means healthier summers for families across Northeast Ohio and greater certainty for businesses investing and creating jobs.” 

According to the EPA, NOx (nitrogen oxides) emissions declined by 42% and VOC (volatile organic compounds) emissions by around 25% since the area was classified as nonattainment status back in 2018.

“If EPA finalizes the redesignation after considering public comments, air permitting would be faster and more predictable while strong health protections remain in place,” the release reads. “Importantly, existing pollution controls will continue, and regional transportation plans and major road projects will still be reviewed to ensure they do not worsen air quality.”

There will also need to be a maintenance plan keeping the region in attainment status for at least 10 years, per federal law, according to the release.

“This is a big win for public health, our environment, and for Ohio’s future,” Gov. Mike DeWine said in the release. “The progress to reduce ground-level ozone in this region sends a clear signal that Ohio is a place where businesses can grow and create jobs while also meeting important environmental standards.”

When saying the “Cleveland area,” this proposal is including the following counties:

• Cuyahoga
• Geauga
• Lake
• Lorain
• Medina
• Portage
• Summit

These are the seven counties currently under E-Check requirements in the state of Ohio, which could change as a result of this proposal should it come to fruition.

The Ohio EPA’s website states that the E-Check program improves air quality by identifying high-emission vehicles that could require repairs. It requires those who have cars between 4 and 25 years old, and that weigh 10,000 pounds or fewer, to have them inspected every two years. 

State Rep. Bill Roemer, R-Richfield, recently introduced legislation that would see the Ohio EPA request an end to the requirement within 90 days “if the U.S. EPA determines the region has moved from non-attainment to attainment status.”

Earlier this year, President Donald Trump announced the termination of a 2009 scientific finding that formed the foundation for the federal government to pursue actions aimed at addressing climate change concerns, saying the repeal would mean emissions standards imposed on vehicles as a result would be lifted.

“This is a momentous day in Northeast Ohio for hardworking families and individuals across the seven impacted counties,” Roemer said in the release. “Having worked diligently on this issue over the past eight years, I’d like to express my gratitude to the U.S. and Ohio EPA for their hard work recognizing air quality improvements in Northeast Ohio.”

The EPA said the proposal will be published in the “Federal Register” and subject to a 30-day public comment period. A final decision will be issued by the EPA after public input is considered.

In May of last year, Cleveland public health officials proposed the first updates to the city’s air pollution ordinances since 1977. City residents also recently expressed concerns about the area’s air quality while taking part in ride-along interviews with the Department of Health, and the American Lung Association’s 2025 State of the Air Report ranked Cleveland as the ninth worst metro area in the country by “year-round particle pollution.” 

In December last year, the U.S. EPA rejected an effort that would have ended E-checks in the seven counties. 

“Ohio has done the work to improve air quality, and this redesignation is a recognition of that progress,” Sen. Jon Husted, R-Ohio, said in the release. “It’s a win for Northeast Ohio—making it easier for industry to build, produce energy and do business—while maintaining our commitment to clean air.”

Spectrum News reporters Nora McKeown and Maddie Gannon and senior digital producer Lydia Taylor contributed to this report.

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Sushi Kuwahata, a renowned omakase restaurant in Cleveland’s Ohio City neighborhood, is reopening this week in its original location at 2054 Fulton Road. The restaurant’s chef-owners, Kwan and Ryan Endrian, were able to work out an agreement with the space’s new tenant to keep the intimate 8-seat omakase experience on the second floor. Additionally, the Kyuu Juu pop-up series, which features Japanese-inspired cuisine, is also returning to the Cleveland area.

Why it matters

The reopening of Sushi Kuwahata is a significant event for Cleveland’s vibrant food scene, as the restaurant has developed a loyal following for its high-quality omakase experience. The return of the Kyuu Juu pop-ups also signals a resurgence of unique culinary offerings in the city, providing residents and visitors with more opportunities to explore diverse and innovative Japanese-influenced dishes.

The details

Sushi Kuwahata, which had been closed for several months, will reopen this week in its original location on the second floor of 2054 Fulton Road in Ohio City. The restaurant’s chef-owners, Kwan and Ryan Endrian, were able to negotiate a deal with the new tenant of the space to maintain the intimate 8-seat omakase experience. Meanwhile, the Kyuu Juu pop-up series, which showcases Japanese-inspired cuisine, is also making a comeback in the Cleveland area after a brief hiatus.

• Sushi Kuwahata is reopening this week (April 8, 2026).
• The Kyuu Juu pop-up series is also returning to Cleveland.