{¶ 1} The judgment of the Tenth District Court of Appeals is reversed on the authority of Smith v. Ohio State Univ., ––– Ohio St.3d ––––, 2024-Ohio-764, ––– N.E.3d ––––, and the cause is remanded to that court for it to determine whether discretionary immunity applies in this case. Kennedy, C.J., and Fischer, DeWine, and Deters, JJ., concur.
Stewart, J., concurs based only on stare decisis.
Donnelly and Brunner, JJ., dissent for the reasons set forth in Justice Brunners dissenting opinion in Smith.