715 N.E.2d 226 | Ohio Ct. App. | 1998
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *427 OPINION This appeal is brought by Appellants, Terry and Lisa Griner, on behalf of their minor daughter, Angela Griner, from a judgment of the Court of Common Pleas of Auglaize County granting a motion for summary judgment in favor of Ralph C. Voskuhl and the Minster Board of Education, Appellees.
On the morning of October 3, 1996, seven year old Angela Griner was riding her bicycle to school when she collided with a Minster school bus driven by Ralph Voskuhl. As a result of the accident, Angela sustained serious injuries. In January of 1997, Appellants filed a complaint against Voskuhl and the Minster Board of Education ("the Board") which administered the school bus program. The complaint contained three allegations of negligence. First, Appellants claimed that Voskuhl *428 negligently operated the school bus by failing to yield the right of way, failing to control the vehicle, failing to maintain an assured clear distance, and failing to keep a reasonable speed. Second, the complaint claimed that the Board negligently operated its school bus program by failing in its administrative duties to properly design bus routes and adequately select and train drivers. Lastly, since Voskuhl was acting within the scope of his employment at the time of the accident, the complaint also alleged that the Board was liable in tort for the negligent actions of its employee in causing a motor vehicle accident.1
On July 1, 1997, the Board and Voskuhl jointly filed a motion for summary judgment, claiming they qualified for immunity from tort liability pursuant to R.C.
On August 19, 1997, the trial court issued a judgment entry sustaining portions of the motion for summary judgment and withholding judgment on the remainder. First, the court found that because Appellants did not allege that Voskuhl acted with malicious purpose, in bad faith, or in a wanton and reckless manner, actions which would have left him vulnerable to suit, Voskuhl qualified for the immunity pursuant to R.C.
Appellants filed an additional Memorandum in Response on August 28, 1997, arguing that while working within the scope of his employment for the Board, Voskuhl negligently operated a school bus so as to strike Angela Griner and cause her injury. Appellants attached two affidavits from accident reconstructionists who each stated that in their expert opinion, Voskuhl acted negligently and caused the accident which injured Griner. Among other things, these opinions were based on the experts' investigation of accident reports, police photographs, a view of the crash site, and deposition transcripts. Appellants attempted to file two additional witness depositions with their Memorandum in Response substantiating the facts used by the experts; however, because of Appellants' failure to obtain the original certificates to these depositions prior to filing, the depositions were not accepted by the clerk of court. Consequently, no quality evidentiary material was submitted to support the underlying facts used by the experts when forming their opinions. When ruling on the motion for summary judgment, the trial court found the opinions rendered by the reconstructionists to be unreliable hearsay. The court concluded that since Appellants failed to establish the facts on which the experts based their opinions, they had failed to meet their burden of demonstrating a genuine issue for trial on the motor vehicle negligence claim. As a result, the trial court granted the motion for summary judgment in favor of the Board on September 5, 1997.
It should be mentioned that Appellants filed a Motion For Leave To File Depositions Out Of Time on September 2, 1997, referencing the certification error and offering to supply the proper certificates to the court as soon as possible. The trial court denied the motion on September 5, 1997, noting that it had already given Appellants two opportunities to file an adequate response to the motion for summary judgment.5 Appellants now appeal the trial court's decision to grant *430 summary judgment to the Board and Voskuhl as well as the trial court's refusal to grant leave to file the depositions proffered by Appellants out of time.
The trial court erred when it ruled that the burden was on the Plaintiff/Appellants to set forth the evidence regarding negligence of an employee of the Defendant/Appellee school district and subsequently granted the motion for summary judgment of the Defendant/Appellees on the basis that the Defendants/Appellees did not meet their initial burden of showing that there was some evidence that indicated that there was no genuine issue of material fact regarding negligence.
Appellants' first assignment of error contends that the trial court erred in finding that Appellees met their initial burden in a motion for summary judgment to present information showing no genuine issue of fact exists for trial.
Our review of a motion for summary judgment is de novo. Koosv. Cent. Ohio Cellular, Inc. (1994),
A review of the relevant law in this case establishes that all political subdivisions6 in Ohio are provided general immunity from civil liability:
* * * for injury, death, or loss to persons or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.
R.C.
* * * for injury, death, or loss to persons or property caused by the negligent operation of any motor vehicle by their employees upon the public roads * * * when the employees are engaged within the scope of their employment and authority.
In addition to the *431
general immunity provided to political subdivisions pursuant to R.C.
[t]he political subdivision is immune from liability if the injury, death, or loss to persons or property resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources, unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.
The complaint filed in this case contained a claim alleging Appellees were liable for the damages caused by the negligent acts of its employee in causing a motor vehicle accident, in accordance with R.C.
When filing their motion for summary judgment, Appellees denied such a claim was raised in the complaint and maintained that "even if [R.C.
In their Memorandum in Opposition to summary judgment, Appellants contended that the defense of immunity provided in R.C.
In reviewing the motion for summary judgment, the trial court recognized that Appellees raised the general defense of sovereign immunity contained in R.C.
We find this decision and the judgment ultimately rendered which granted Appellees' motion for summary judgment to be in error for the following reasons.
First, the trial court erred in failing to recognize the need for a resolution of the legal issue before it. The trial court was faced with a purely legal decision regarding whether or not R.C.
Second, instead of deciding the legal issue, the trial court inappropriately placed a burden on Appellants to come forward with evidence demonstrating the existence of the motor vehicle negligence claim. Assuming, arguendo, that the existence or nonexistence of such a claim needed to be proven, this burden should have been placed on Appellees, as the party moving for summary judgment. The party seeking summary judgment always bears the initial responsibility *433
of informing the court of the basis for its motion. Celotex Corp. v.Catrett (1986),
Dresher v. Burt (1996)," * * * bears the burden of affirmatively demonstrating that, with respect to every essential issue of each count in the complaint, there is no genuine issue of fact." Massaro, supra, at 1073 (citing Mack v. Cape Elizabeth School Board [C.A.1, 1977], 533 [sic 553] F.2d 720, 722). The moving party bears this burden "* * * even with regard to issues on which plaintiffs * * * would have the burden of proof should the case go to trial." Massaro, supra, at 1073, citing Ramsey [sic, Ramsay] v. Cooper (C.A. 1, 1977,
553 F.2d 237 ,240-241 , n. 8 * * *.
Once this burden is met, the responsibility shifts to the nonmoving party to produce evidence showing that there is a genuine issue for trial. Wing v. Anchor Media, Ltd. of Texas
(1991),
Not only did the trial court improperly burden the non-moving party with the responsibility of bringing forth evidence demonstrating the existence of their negligence claim, but it did so needlessly. The information the court was requesting of Appellants was irrelevant to its ultimate decision. In their motion for summary judgment, Appellees claimed that they were immune from liability pursuant to R.C.
Based on our review of the pleadings and motions in this record, we disagree with Appellees' contention that R.C.
Aside from this proposed defense, Appellees have submitted nothing by way of their motion for summary judgment to demonstrate the absence of a genuine issue for trial on Appellants' R.C.
The trial court abused its discretion when it refused to grant the Appellants leave to file depositions of material witnesses out of time and granted Appellees' motion for summary judgment without considering the depositions.
In their second assignment of error, Appellants claim that the trial court abused its discretion in failing to allow Appellants to supplement their Memorandum in Response to the motion for summary judgment with supporting depositions after the filing deadline set by the court. Given our decision sustaining Appellants' first assignment of error, this assignment of error is rendered moot.
Having found error prejudicial to the Appellants herein, in the particulars assigned and argued, we reverse the judgment of the trial court and remand the cause for further proceedings.
Judgment reversed, cause remanded.
HADLEY and BRYANT, JJ., concur.
(A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability:
* * *
(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division * * *, the employee is immune from liability unless one of the following applies:
* * *
(b) His acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;
* * *.
* * * a political subdivision is not liable in damages in a civil action for injury, death, or loss to persons or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.