Johnson v. Greater Cleveland Regional Transit Auth.

Citations

• 171 N.E.3d 422
• 2021 Ohio 938

Syllabus

Denial of motion for summary judgment Civ.R. 56(C) genuine issue of material fact motorcycle accident jurisdiction R.C. 2744.02(C) political subdivision immunity R.C. 2744.02 R.C. 2744.03(A)(6) exceptions to immunity R.C. 2744.02(B)(1), (B)(2) R.C. 2744.03(A)(6)(b) negligent operation of bus left turn right of way R.C. 4511.42(A) Cleveland Codified Ordinances 431.17 R.C. 4511.01(UU)(1) preferential status proceeding in a lawful manner forfeit right of way wanton conduct reckless conduct. Trial court properly denied rapid transit authority's motion for summary judgment based on political subdivision immunity under R.C. 2744.02(A), where plaintiff alleged that bus operator's negligence in turning left at intersection into path of motorcycle caused motorcycle operator's death. Genuine issues of material fact existed as to whether bus operator was negligent in operating the bus under exceptions to immunity in R.C. 2744.02(B)(1), (B)(2), including whether motorcycle with ostensible right of way lost its preferential status by proceeding in an unlawful manner through the intersection and whether bus operator otherwise failed to exercise ordinary care. Trial court erred in denying bus operator's motion for summary judgment based on statutory immunity under R.C. 2744.03(A)(6). Based on the evidence presented, there was no genuine issue of material fact that bus operator did not act wantonly or recklessly in operating the bus to support exception to immunity under R.C. 2744.03(A)(6)(b). Appellate court lacked jurisdiction to consider cross-appeal of trial court's denial of plaintiff's cross-motion for partial summary judgment on liability as to claims against rapid transit authority. R.C. 2744.02(C) grants appellate court jurisdiction only to consider trial court's decision on immunity, not other alleged errors concerning the denial of summary judgment on other grounds.