Steigerwald v. Berea

Summary

The court held that a bench that was structurally sound, functioning as intended, and free from tangible imperfection was not a physical defect under the political-subdivision-immunity exception. Berea’s decision to place the bench in a confined locker-room space therefore did not trigger liability under R.C. 2744.02(B)(4), requiring summary judgment for Berea. Justice Brunner dissented, concluding that the bench’s placement could create a physical defect and that the estate presented a genuine issue of material fact.