2014 Ohio 4992
Ohio Ct. App.2014Background
- Jane Doe, mother/guardian of minor Joan Doe, sued Bath Local School District and a student (Jon Roe) alleging Roe sexually assaulted Joan on a school bus while Joan was enrolled in Bath Local’s program.
- Complaint asserted three tort claims: sexual assault, negligent/intentional infliction of emotional distress, and negligence against the district and Roe.
- Bath Local moved to dismiss under Civ.R. 12(B)(6), asserting political-subdivision immunity under R.C. 2744.02(A)(1); the district conceded transportation is a governmental function.
- Jane invoked the statutory exception for negligent operation of a motor vehicle (R.C. 2744.02(B)(1)), arguing the bus driver negligently failed to supervise Roe on the bus.
- The trial court granted dismissal, finding statutory immunity applied and relying on the Ohio Supreme Court’s decision in Doe v. Marlington Local School Dist. Bd. of Edn., which rejected equating on-board supervision with negligent operation of the vehicle.
- The appellate court affirmed, applying Marlington and holding that failure to supervise student conduct on a school bus is not negligent operation of a motor vehicle under the statutory exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a school bus driver’s negligent failure to supervise student conduct qualifies as "negligent operation" of a motor vehicle under R.C. 2744.02(B)(1) | The bus driver’s failure to supervise/seat a known dangerous student (Roe) amounted to negligent operation of the bus, bringing the district within the statutory liability exception | Supervision of student conduct aboard the bus is not operation of the motor vehicle; thus the district retains immunity under R.C. 2744.02(A)(1) | Held: Supervision failures do not constitute negligent operation; political-subdivision immunity applies and dismissal affirmed |
Key Cases Cited
- Doe v. Marlington Local School Dist. Bd. of Edn., 907 N.E.2d 706 (Ohio 2009) (supervision of student conduct on a school bus is not negligent operation of the motor vehicle for purposes of the statutory exception)
- Perrysburg Twp. v. Rossford, 814 N.E.2d 44 (Ohio 2004) (standard of review for a Civ.R. 12(B)(6) dismissal)
- LeRoy v. Allen, Yurasek & Merklin, 872 N.E.2d 254 (Ohio 2007) (dismissal affirmed only if plaintiff can prove no set of facts entitling relief)