Bruce Martin Broyles

Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.

• Free Consultation

Ohio

Since 1989

6th Circuit

Since 1996

Ohio State University - Columbus

J.D.

1986 - 1989

Ohio State Bar  # 0042562

Member

Current

Q. Can I sue my town for damage caused by new water meter installation?

March 13, 2025

A: The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would argue that providing water service to its residents is a governmental function. Installing water meters to measure and charge for the water provided may be a proprietary function.

The plumber was very helpful before you asked him to testify in an action against the political subdivision. He will probably be less willing to testify, and his opinion will probably be less certain. Before litigating the issue, you need to retain an expert witness whose credentials will qualify to provide an expert opinion. The expert will need to be able to testify as to the cause of the damage. He will need to be able to state with a reasonable degree of certainty that the damage was caused by the installation of the meter. ... Read More

Q. Home purchase in Ohio with undisclosed issues to code compliance.

February 27, 2025

A: The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will probably have limitations as to liability, but you were most likely given the limitations of liability at the time the inspection report was provided to you. The limitations of liability may not be enforceable if given to you after the inspection.

Depending on the scope of the inspection, the home inspector may be liable. If the homeowner was aware of the code violations, then the homeowner could be liable. However, the purchase contract may have an inspection contingency. This would require you to request modifications to the contract or repairs to be made within a certain time after the inspection.

Your purchase agreement and the inspection contract and report would need to be reviewed to set forth a course of action. ... Read More

Q. How to address harassment from a condo-neighbor with odors and noise?

February 27, 2025

A: To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you can file a private nuisance action. However, filing such an action would be almost impossible to prove. You would have to gather evidence of these incidents, which I believe would require much more than simply making a handwritten notation of the events. You would have to have credible unrelated third persons document these incidents and the frequency of such events. The problem would be that a credible unrelated third person may not be possible or practical to find. Maybe there would be a home monitoring company that might be able to document the incidents. ... Read More