Pursuant to the Ohio Rules of Appellate Procedure 21(H), Appellant hereby notifies the Court that he wishes to present an authority not cited in his briefs. This authority has just recently come to the attention of Appellant.

In his Brief of Appellant and Reply Brief of Appellant, Appellant argues that the only duty the Library owes to its patrons is the duty to licensees: not to wantonly and willfully injure them. This is incomplete. As noted in Cramer v. Auglaize Acres, 2005-Ohio-3609 (3rd Dist. 2005), fn. 1 at 10 (attached as Exhibit 1),

An amended version of R.C. 2744.02(B)(4) went into effect on April 9, 2003. The current version now excludes from liability only negligence that "is due to physical defects within or on the grounds of" a building being used by a political subdivision for a governmental function. Furthermore, the amendment changed the wording of R.C. 2744.02(B)(5), which now states that only the imposition of civil liability by a section of the Revised Code invokes an exception to immunity.^Q>

The current version of § 2744.02(B)(4), with its exception to sovereign immunity, now reads,

Except as otherwise provided in section 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses, but not including jails, places of juvenile detention, workhouses, or any other detention facility, as defined in section 2921.01 of the Revised Code.^Q>

Thus, contrary to its argument, the Library enjoys sovereign immunity for all of its actions that might be a danger to barefooted patrons, with the sole exception of those due to physical defects of its grounds or buildings; even then, patrons are still licensees. This covers most of the supposed hazards mentioned in the opinion of the 6th Circuit Court of Appeals.

The current version of O.R.C. § 2744.02 (including the "physical defects" language) was included as Exhibit G in the Brief of Appellees.

Respectfully submitted, _______________________ Robert A. Neinast Plaintiff, PRO SE 8617 Ashford Lane Pickerington, OH 43147 Phone: (614) 759-1601

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served, by regular U.S. mail, postage prepaid upon Philomena M. Dane and Heather L.Stutz, Attorneys for Defendants, Squire, Sanders & Dempsey, L.L.P., 1300 Huntington Center, 41 South High Street, Columbus, OH, 43215, this  5th  day of October, 2005.

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Footnotes:

1. O.R.C. § 2744.01(C)(2)(d) specifically defines the provision of a free public library system as a "government function." [Back]