In the case of Frank v. Sw. Ohio Reg’l Transit Auth. 2020-Ohio-5497, an Ohio Appeals Court held that an employee’s admission to negligent action prevented Southwest Ohio Regional Transit Authority from establishing political subdivision immunity.
The employee and transit authority argued for political subdivision immunity. The injured party argued that an exception to immunity exists when death or substantial injury occurs and here, the employee acted in a negligent manner, received negligent training, and should have been terminated based on several prior accidents. The Court of Appeals agreed.
The Court held that the injured party provided substantial evidence to conclude the transit authority fell within the exception to R.C. 2744 based upon the employee’s negligent action.
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.