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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ELK GROVE VILLAGE, Ill. (WLS) — The body of a missing man was found in a retention pond Thursday in the northwest suburbs, police said.

Chopper 7 was over the scene at a retention pond at Higgins and Innovation Drive in Elk Grove Village, in front of a number of warehouses in the area.

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There was a large police presence there for multiple hours, surrounding the water.

Chopper 7 witnessed dive teams go in and out of the water, and there were paramedics on scene.

Elk Grove Police confirmed a male body was found in the water in the 700 block of Innovation Drive. The Cook County Medical Examiner’s Office responded to the scene.

Police identified the body as a missing 26-year-old man named Alexis Ramirez.

Ramirez had been missing since March 10. Elk Grove Police were searching the same area after Ramirez went missing after he was the sole occupant of a single-vehicle crash near Higgins and Brennan Boulevard, which is right by the pond he was found in on Thursday.

Police believe he walked away from that scene before officers arrived. At that time, the police search led to no one being found.

ABC7 spoke to the family of Ramirez on the scene Thursday, and they appeared very emotional.

Police say there is no evidence of foul play at this time as they send out their condolences to the family.

No further information was immediately available.

WOLCOTTVILLE, Ind. (WISH) — The Indiana Department of Natural Resources on Thursday issued a second emergency advisory to restrict watercraft due to high water on lakes in the northern part of the state.

As WISHTV.com previously reported, the first emergency advisory, issued Tuesday, affected lakes in Kosciusko County. On the Barbee Lakes Chain, the operation of all motorized watercraft is restricted. The Barbee Lakes Chain consists of Kuhn, Big Barbee, Little Barbee, Irish, Sechrist, Sawmill and Banning Lakes.

Also in Kosciusko County, an idle speed restriction has been placed on motorized watercraft on the Tippecanoe Lake Chain and Lake Wawasee; the Tippecanoe Lake Chain includes Lake Tippecanoe, Oswego and James Lakes.

The second emergency advisory, issued Thursday, placing an idle-speed restriction on motorized watercraft on the Indian Lakes Chain in southern LaGrange County. The goal is to prevent boat wakes from causing water to enter homes. The emergency advisory specifically impacts Witmer, Westler, Dallas, Hackenberg and Messick lakes, which comprise the Indian Lakes Chain.

Natural Resources lists its advisories on its website.

The lakes provide tourists and residents with year-round recreation including swimming, fishing, skiing, boating, kayaking and canoeing.