Seventh District Court of Appeals issued an opinion in the case of Tucker Irwin v. Island Creek Township

On September 21, 2021, the Seventh District Court of Appeals issued an opinion in the case of Tucker Irwin v. Island Creek Township wherein the Court reversed the trial court’s denial of immunity. The case involved an accident wherein a minor operating an ATV struck a dirt barrier that had been erected across a township road. The dirt barrier was erected by the township as a means of preventing local motorists from proceeding down a road that had been washed out by a storm. Previous attempts by the township to stop local traffic by means of “road closed” signs and construction barrels had been unsuccessful due to local residents moving or destroying the barriers. The trial court denied summary judgment to the township, holding that there was a genuine issue of material fact regarding whether the township erected barrier was a proper closure of the roadway. The Seventh District Court of Appeals reversed the trial court and granted immunity to Island Creek Township. The Court of Appeals found that the township had properly conducted its operations with respect to the methods and means available to accomplish its goal of providing for public safety. Mel Lute and Andrea Ziarko were counsel of record for the township in that case.