In the case of Hines v. City of Cleveland, 2023-Ohio-2488, an appellate court held that the civilian did not have a negligence claim against the city-operated garbage truck driver when the driver lawfully conducted a wide right turn and the civilian unlawfully attempted to pass the truck driver.
In this case, the civilian argued that (1) the truck driver straddled the centerline of a terminating two-lane street contrary to the commercial driver’s license manual; (2) this negligent behavior on behalf of the truck driver bypassed the city’s statutory immunity pursuant to R.C. 2744.02. In response, the city argued that the truck driver owed the civilian no doty to yield to the civilian’s right turn because the civilian unlawfully attempted to pass the truck driver on a single-lane road. The appellate court agreed with the city.
In support of its decision in favor of the city, the appellate court explained that the truck driver did, in fact, act lawfully and had no further duty to look for or yield to an unlawful turn by the civilian.
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.