In the case of Davis v. Brown Local Schools, 2019-Ohio-246, an Ohio appellate court held that school bus drivers do not have a heightened duty of care to other drivers.
In this case, a school bus driver collided with another vehicle that spun across the center line while transporting student basketball players to a game. While no students were harmed in this accident, all the individuals in the other vehicle suffered fatal injuries. The estate of one of the individuals brought wrongful death claims against both the school board and school bus driver.
Both the school board and school bus driver claimed political subdivision immunity. The estate argued that the exception under R.C. 2744.02(B)(1) stripped the school bus driver of statutory immunity. R.C. 2744.02(B)(1) provides that statutory immunity is lost for “injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority.” The estate argued that “commercial vehicles [such as school buses] by virtue of their size and weight should carry with them a heightened duty of care.” Davis v. Brown Local Schools, ¶ 63.
The Ohio appellate court disagreed with the estate and held that “no heightened duty of care should be imposed on commercial drivers in Ohio based on the facts in this case” and that “[a] heightened duty of care for commercial drivers in Ohio would place some portion of the responsibility for every accident on a commercial driver, simply because he or she has been instructed to be a defensive driver.” Davis v. Brown Local Schools, ¶ 65.
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 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.