Is Denial of Summary Judgment Based on Denial of Sovereign Immunity a 'Final Appealable Order?'

When Plaintiff's Claim Is Asserted Under Federal Rather Than State Law

Leola Summerville Administrator of the Estate of Roosevelt Summerville, Deceased and Leola Summerville v. City of Forest Park et al., Case no. 2009-2106

1st District Court of Appeals (Hamilton County)

ISSUE: When the plaintiff in a civil lawsuit seeks damages under a provision of federal law for alleged injury caused by a public agency or employee, and the trial court denies a motion for summary judgment in favor of the defendant based on a finding that sovereign immunity does not exempt the defendant from potential liability, is that ruling a "final" order subject to immediate review by a court of appeals under R.C. 2744.02(C)?