Clark v. Campbell

Citations

• 2020 Ohio 3333

Syllabus

CIVIL-FINAL APPEALABLE ORDER-CIV.R.54(B)-R.C.2744.02(C)-R.C.274403(A)(6)-RESPONDEAT SUPERIOR-Where trial court's order which denied board van driver and board of developmental disabilities immunity in a multiparty, multiclaim lawsuit did not include the language required by Civ.R. 54(b), such order is still final and appealable based on the General Assembly's enactment contained in R.C. 2744.02(C). In the absence of any evidence to the contrary, the conduct of van driver employed by board of developmental disabilities did not constitute reckless disregard for the safety of others that is unreasonable under the circumstances or substantially greater than negligent conduct and thus employee was entitled to immunity pursuant to R.C. 2744.03(A)(6) as a matter of law. Given that none of the exceptions of R.C. 2744.03(A)(6) applied to remove van driver from the benefit of immunity, there is no basis for applying respondeat superior to the Ross County Board of Developmental Disabilities and the board is also entitled to judgment as a matter of law.