In Fogle v. Bentleyville (2007), 116 Ohio St.3d 301, 2007 Ohio 6454, 878 N.E.2d 638, the trial court denied the Village of Bentleyville's summary judgment motion based on a claim of statutory immunity under R.C. 2744.02 and 2744.03 because there were genuine issues of material fact as to whether the police officer's conduct was willful, wanton, or reckless. Bentleyville appealed, and this court dismissed the appeal for lack of a final appealable order. Fogle v. Bentleyville, Cuyahoga App. No. 88375, 2007 Ohio 2913. The Ohio Supreme Court reversed our dismissal, based on Hubbell v. Xenia, 115 Ohio St.3d 77, 2007 Ohio 4839, 873 N.E.2d 878 (holding that "when a political subdivision or its employee seeks immunity, an order that denies the benefit of an alleged immunity is a final appealable order pursuant to R.C. 2744.02(C)"). In Fogle, the Ohio Supreme Court stated that "the cause is remanded to the court of appeals with instructions for the court of appeals to conduct a de novo review of the law and facts. If, after that review, only questions of law remain, the court of appeals may resolve the appeal. If genuine issues of material fact remain, the court of appeals may remand the cause to the trial court for further development of the facts necessary to resolve the immunity issue." Fogle, supra, 116 Ohio St.3d at 301. Upon remand, the Court affirmed the trial court's denial of summary judgment, finding that genuine issues of fact existed. Fogle v. Bentleyville, Cuyahoga App. No. 88375, 2008 Ohio 3660.