Executor of motorcyclist’s estate brought action against city and city employees, asserting claims for survivorship, wrongful death, and negligent, reckless, and/or wanton hiring, retention, training, or supervision that alleged motorcyclist sustained serious injuries from tree falling on him on city street, which led to his death.
The Court of Common Pleas denied executor’s motion for partial summary judgment and denied city leave to amend its answer to assert political subdivision immunity defense. City appealed. The Court of Appeals affirmed. City appealed.
The Supreme Court held that:
- City’s assertion of defense of failure to state a claim upon which relief can be granted in its answer did not preserve the defense of political-subdivision immunity, and
- Trial court’s denial of city’s motion for leave to amend its answer to assert defense of political-subdivision immunity was not an abuse of discretion.