In the case of McConnell v. Dudley, Slip Opinion No. 2019-Ohio-4740, the Ohio Supreme Court held that negligence in the hiring, training, or supervising of a police officer who is subsequently involved in a motor-vehicle accident does not constitute an exception to the general statutory immunity of political subdivisions.
Generally, under R.C. 2744, political subdivisions are immune from liability for injuries to others that arise out of a political subdivision performing governmental or proprietary functions. Yet, exceptions to immunity exist under R.C. 2744.02(B) including when an employee in the scope of their employment and authority causes the injury, death, or loss to person or property . . . by the negligent operation of any motor vehicle. But, this immunity is restored under R.C. 2744.02(B)(1)(a) when ” [a] member of a municipal corporation police department or any other police agency was operating a motor vehicle while responding to an emergency call and the operation of the vehicle did not constitute willful or wanton misconduct.”
In this case, a police officer was involved in a motor-vehicle accident during a high-speed chase while responding to an emergency call. The injured parties sued the political subdivision arguing that the exception to immunity for operation of motor vehicles applied. The only issue in front of the Ohio Supreme Court was whether a political subdivision negligence in hiring, training, or supervising of a police officer could constitute operation of a motor vehicle.
The Ohio Supreme Court held that negligence in the hiring, training, or supervising of a police officer by the plain text of R.C. 2744.02(B)(1) did not constitute operation of a motor vehicle because political subdivisions do not drive.
To read this case, click here.
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 always changing like the 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.