A Cleveland woman's lawsuit against the city over a 2024 crash involving a police SUV and her infant son can move forward, an Ohio appeals court ruled Thursday, even as it narrowed part of her case. Danielle Lewis says officer Bryce Carmichael drove a city-owned vehicle into the side of the car she was driving on East 93rd Street, injuring her and her six-month-old son, who was riding with her at the time.
The 8th District Court of Appeals upheld a key portion of a decision by Cuyahoga County Common Pleas Judge David Matia that allows Lewis to pursue her suit against the city, according to cleveland.com. The appellate panel found that Lewis's complaint contains enough information at this stage for the lawsuit to continue, even though the court also ruled she cannot pursue a separate claim alleging Cleveland was negligent in hiring, training or supervising Carmichael.
The crash happened on July 26, 2024, on East 93rd Street. According to the city, first responders had blocked traffic on the street at Union Avenue while they were handling a prior emergency call involving a hit-and-run, and that is when the collision unfolded.
Conflicting Accounts of the Collision and Injuries
The city's account and Lewis's complaint diverge sharply on what happened and how badly anyone was hurt. Per the same cleveland.com report, a city spokesman said a police report indicated Lewis was treated at a hospital for neck pain and released, and that no injuries to her child were reported. Lewis's complaint, however, says both she and her son suffered “severe” injuries.
The two sides also differ on how the crash unfolded. The city has said a silver sedan drove left of center to avoid the emergency vehicles blocking the road, then returned to its lane and continued south, and that a police SUV struck the sedan while attempting a U-turn as the sedan went around it. The spokesman said the video shows Lewis driving dangerously, claiming she drove into oncoming northbound traffic to pass the emergency vehicles and that oncoming cars had to stop before the crash caused more serious injuries.
Court records show that despite the dueling accounts of fault, neither Lewis nor Carmichael was cited for a moving violation. Lewis was cited for driving with expired plates and under a suspended license, according to court records cited by cleveland.com.
City Sought Dismissal Under State Immunity Law
Cleveland had asked Judge Matia to dismiss Lewis's lawsuit under state-law immunity protections that generally shield local governments from tort claims. Ohio law, however, allows exceptions to that general immunity, and Matia rejected the city's dismissal request in October 2025, finding that Lewis had presented claims that, if proven, could allow her to recover damages. The city then appealed that decision, setting up Thursday's ruling from the 8th District Court of Appeals.
Ohio's immunity framework for political subdivisions is laid out in state statute. Under Ohio Revised Code Section 2744.02, the law's defenses and immunities apply in connection with governmental and proprietary functions performed by a political subdivision and its employees. A related provision, Ohio Revised Code Section 2744.03, states that immunity or a defense conferred on an employee does not affect or limit a political subdivision's liability for that employee's act or omission as otherwise provided under state law.
What Happens Next in the Case
With the appeals court's ruling, Lewis's core claim against the city over the crash can proceed in the lower court, though her broader claim targeting Cleveland's hiring, training and supervision practices has been cut from the case. Attorney Marco Bocciarelli represents Lewis in the litigation; he did not return a request for comment, per the cleveland.com report.
Cases alleging misconduct or negligence tied to Cleveland police vehicles have occasionally resulted in significant payouts from the city in the past. In November 2014, Cleveland agreed to pay $3 million to the families of Timothy Russell and Malissa Williams, who were killed after a 2012 police chase and shooting, with a probate judge required to approve that settlement as fair and just before it could be distributed. The city also paid $1.9 million in 2003 after an 8-year-old boy was struck by a stray bullet from a detective's gun, and $1 million in 2008 to the family of 16-year-old Ricardo Mason, who was killed by police following a 2002 car chase.
