Is Violation of City Policy Relevant to Whether Public Employee's Conduct Was Legally 'Willful' or 'Wanton?'

In Determining Whether City Is Immune from Liability for Accident Damages

Grace Burlingame v. Estate of Dale Burlingame, et al. and James R. Coombs, II, et al., Case no. 2011-0742

5th District Court of Appeals (Stark County)

ISSUE: Is the fact that a fire truck driver was not following a city policy at the time he was involved in a collision with another vehicle relevant to a court's determination of whether the driver was acting in a "willful" or "wanton" manner, and therefore whether the city is or is not immune under R.C. Chapter 2744 from liability for accident damages suffered by another party?