In the case of Cline v Tecumseh Local Bd. Of Edn., 2021-Ohio-1329, the Ohio Second District Court of Appeals upheld the trial courts finding that Tecumseh was entitled to statutory immunity for allowing children to ride the bus without permission because the parent failed to put forth necessary facts to overcome the immunity.
In this case, a parent appealed the dismissal of a complaint filed against the school and various school employees, stating the allegations in the complaint qualified as exceptions to 2744.02(A)(1), so immunity did not apply.
The Court stated, however, that the allegations in the complaint do not constitute behavior that would be considered an exception to liability and merely including “buzz words” in the complaint does not provide a factual basis to allow for an exception.
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.