Cramer v. Auglaize Acres

In Cramer v. Auglaize Acres, 113 Ohio St. 3d 266, 2007 Ohio 1946, 865 N.E.2d 9, the Ohio Supreme Court reviewed a case wherein a resident of a county home was injured. Cramer brought suit against the County Board of Commissioners, the county home, and several employees of the home, claiming negligence, intentional infliction of emotional distress, and violations of Ohio's Patient's Bill of Rights contained in R.C. 3721.10 et seq. The statute provides express liability for violations in county operated nursing homes. The county home and the county commissioners argued they were immune from liability. The Supreme Court found, "R.C. 3721.17(I) (2) (a) allows a resident to recover punitive damages for a violation, and R.C. 2744.05(A) prohibits the award of punitive damages against a political subdivision. A conflict over the recovery of punitive damages does not prevent the application of R.C. 3721.17(I) (1) to the county appellees. Although punitive damages may not be awarded against a political subdivision, we hold that R.C. 3721.17 expressly imposes liability on county-operated nursing homes for violations of R.C. 3721.10 through 3721.17. Thus Cramer's cause of action against the county appellees under the Patients' Bill of Rights falls under the exception to immunity found in R.C. 2744.02(B)(5)." Cramer at P 31.