n the case of Mencini v. Greater Cleveland Regional Transit Auth., 2023-Ohio-2299, an appellate court held that the state transportation company did not have statutory immunity for the bus driver’s negligence, but the bus driver did have statutory immunity when the bus driver allegedly hit a car when the car was attempting to turn right into a driveway.
In this case, the motorist argued that the bus driver and the transportation company met the exception for statutory immunity when the bus driver was attempting to get around the motorist’s car on the right, despite the motorist attempting to turn right. In response, the transportation company and the bus driver argued that the motorist was solely at fault for the accident by failing to use a turn signal and not moving over to the bike lane to turn into a driveway, so statutory immunity applied. The appellate court agreed with the motorist on the claims against the transportation company and with the bus driver on the claims against the bus driver.
In support of its decision in favor of the motorist on the claims against the transportation company, the appellate court explained that the bus driver may have acted negligently in the collision, even if the motorist did violate traffic law. The appellate court further explained that questions of fact are better left for juries to decide, so summary judgment would be improper.
In support of its decision in favor of the bus driver, the appellate court explained that the motorist’s alleged conduct may have been negligent and/or careless, neither of which reach the heightened standard for political division employees.
To read this case, click here.
Note: This case is about the denial of summary judgment for political immunity. The result of this case may be different when tried before a jury.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.