Morgan v. Greater Cleveland Regional Transit Auth.

Citations

• 2025 Ohio 1655

Syllabus

Summary judgment; Civ.R. 56; negligence; proximate cause; political-subdivision immunity; exceptions to immunity; R.C. 2744.02(B)(1); \negligent operation of any motor vehicle\; R.C. 2744.02(B)(2); discovery; motion to compel; Civ.R. 45; motion to show cause; civil contempt; sanctions. We affirm in part and reverse in part. We affirm the trial court's judgment denying the defendant's motion for summary judgment with respect to R.C. 2744.02(B)(1) and (2). We agree with the trial court that questions of fact remain regarding whether the defendant's employee negligently operated the bus and whether that negligence proximately caused the plaintiff's injuries. However, we reverse the trial court's judgment finding the defendant and its counsel in contempt of court. The trial court's contempt and sanction power for a nonparty witness's failure to appear for deposition extends only to the subpoenaed nonparty witness and not to the defendant. The trial court cannot force a defendant to produce nonparty witnesses, even when the nonparty witnesses are the corporate defendant's own employees.