Published September 30, 2026 · By Terry W. Posey, Esq.

When a police cruiser causes a crash, or a 911 call goes wrong, most people assume the rules are the same as in any other accident: if someone was careless and you were hurt, they are responsible. When the person at fault works for a city, county, or township, Ohio law says otherwise. For claims against the employee personally, ordinary carelessness is not enough.

On September 18, 2026, the Second District Court of Appeals, which hears appeals from Montgomery, Clark, Greene, Miami, Champaign, and Darke Counties, applied that rule to a heartbreaking set of facts in Wilson v. Rosales, 2026-Ohio-3657. The decision is a clear, local illustration of how these cases are won and lost.

What Happened

The facts below come from the court's opinion, which views the evidence in the light most favorable to the family. Late on the night of June 13, 2021, the Clark County dispatch center in Springfield was overwhelmed. In about half an hour it took a string of 911 calls reporting gunfire and threats across the city.

At 11:16 p.m., a man called 911 to say he had been shot in the arm. He told the first dispatcher that he was "about to die" and, twice, that he was "in the middle of the street." That dispatcher later said the two of them were talking over each other and she never heard where he was. The court noted that on the recording, his statement is clearly audible. After about 32 seconds, a second dispatcher took over the call. She typed "HE IS OUTSIDE IN THE MIDDLE OF THE STREET" into the computer-aided dispatch system and stayed on the line with him. Neither dispatcher announced his location over the police radio.

A Springfield police officer responded with lights and siren, within the speed limit, at about 15 miles per hour, on a clear, dry night with no other traffic. She was scanning for house numbers, a shooter, and the crowd that usually gathers to flag down police. The dispatch message about the man's location never reached her in-car computer, apparently because the call had not been "attached" in the system. He was lying in the road near the center median. Her dash camera showed him in her headlights for less than five seconds before her cruiser struck him. He died of his injuries.

His estate sued the officer and the dispatchers individually for wrongful death and related claims. The trial court refused to dismiss the case on immunity grounds, and the three employees appealed.

The Rule: Government Employees Are Immune Unless They Acted Recklessly

Ohio's Political Subdivision Tort Liability Act, R.C. Chapter 2744, gives employees of cities, counties, and other local governments a broad presumption of immunity from being sued personally over their job duties. Under R.C. 2744.03(A)(6), that immunity is lost only if the employee acted manifestly outside the scope of the job, acted with malicious purpose, in bad faith, or in a wanton or reckless manner, or if another statute expressly makes the employee liable.

In most of these cases, the fight is over the word "reckless." The court explained that reckless conduct means a conscious disregard of, or indifference to, a known or obvious risk of harm, one that is "substantially greater than negligent conduct." Wanton misconduct is even worse: the failure to exercise any care when harm is highly probable. As the court put it, quoting an earlier case, "'Human error' might mean negligence," but it is not wanton misconduct.

Whether someone acted recklessly is usually a question of fact for a jury. A court can end the case early only if reasonable people could reach just one conclusion: that the employee was, at most, negligent.

How the Court Ruled on Each Employee

Two things are worth stressing. First, the court did not find that anyone was reckless. It held only that the evidence about the first dispatcher is strong enough that a jury, not a judge, must weigh it. The case has been sent back to the trial court and remains pending. Second, the court did not say the officer and the second dispatcher did everything right. It said the law protects government employees from personal liability for mistakes that fall short of recklessness.

What Makes Police Driving "Reckless"?

For crashes involving police vehicles, Ohio courts weigh a list of fourteen factors, including the officer's speed, right of way, weather, traffic, the seriousness of the emergency, whether lights and siren were on, and whether department policy was violated. No single factor decides the case. Speed alone, or a policy violation alone, is generally not enough.

That list is really a roadmap to the evidence: dash camera and body camera video, GPS and speed data, dispatch audio, computer-aided dispatch logs, and department policies. In Wilson, the 911 recording was what kept the claim against the first dispatcher alive. Evidence like this can be overwritten or purged on a routine schedule, which is why it matters to request it early.

Suing the Officer Is Not the Only Option

The estate in Wilson sued the employees individually, so the appeal was only about their personal immunity. Ohio law treats claims against the government employer differently, and an injured person should understand both paths.

Claims against the city or county itself. Under R.C. 2744.02(B)(1), a political subdivision is generally liable when its employee negligently operates a motor vehicle on the job. There is an important exception for police: if the officer was responding to an emergency call, the city has a full defense unless the driving amounted to "willful or wanton misconduct." But when an officer causes a crash during routine driving, not on an emergency run, ordinary negligence can be enough against the city. We covered other limits on claims against local governments in Injured on Government Property in Ohio? A New Supreme Court Ruling on Immunity.

Your own uninsured motorist coverage. This is the option most people never hear about. Under Ohio's UM statute, R.C. 3937.18(B)(1)(e), a driver who "has immunity under Chapter 2744" counts as an uninsured motorist. For policies issued or renewed after a 2023 amendment took effect, insurers may not write that protection out of the policy. So if a police officer or other government driver hits you and immunity blocks the claim against them, your own UM coverage may step in. Policy terms and notice requirements still apply, so tell your insurer promptly.

What This Means If You or a Loved One Was Hurt

Expect an immunity defense. Any claim involving a police officer, firefighter, dispatcher, or other local government employee will likely face one. The question is not only "was someone careless?" but "was it reckless, and who is the right defendant?"

Recordings matter. 911 audio, dispatch logs, and cruiser video often decide these cases, and they are not kept forever.

Check your own policy. Look at your declarations page for uninsured motorist coverage, before you ever need it.

Mind the deadline. Most Ohio injury and wrongful death claims must be filed within two years, and government claims carry their own rules. See How Long Do I Have to File a Car Accident Claim in Ohio?

Talk to a Dayton Injury Lawyer: Free

Claims against police officers and local governments are harder than ordinary crash cases, but they are not impossible, and families often have more options than they realize. At the Law Offices of Terry W. Posey, we have handled Dayton-area car accident and wrongful death cases for over 30 years. The consultation is free, and you pay no fee unless we win. Call 937-236-6444.