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The mother of two children killed in a deadly fire at a public housing complex is unable to sue the housing authority because it is a governmental function, ruled the Ohio Supreme Court.

The 5-2 decision stemmed from an October 2003 fire in Oberlin that killed an infant and 4-year-old.

A wrongful death suit was filed by their mother against the Lorain Metropolitan Housing Authority in 2004. The suit alleged that just days before the fire, employees at the complex had removed the only working smoke detector in the apartment.

The ruling cites a law that grants government agencies immunity from lawsuits in most any situation.

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