Coleman v. Greater Cleveland Regional Transit Authority

884 N.E.2d 648, 174 Ohio App. 3d 735
CourtOhio Court of Appeals
DecidedJanuary 31, 2008
DocketNo. 89413
StatusPublished

This text of 884 N.E.2d 648 (Coleman v. Greater Cleveland Regional Transit Authority) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. Greater Cleveland Regional Transit Authority, 884 N.E.2d 648, 174 Ohio App. 3d 735 (Ohio Ct. App. 2008).

Opinions

Kenneth A. Rocco, Judge.

{¶ 1} Plaintiffs-appellants Diane Coleman, personally and on behalf of her minor son Brandon Coleman, and Enoch Al-Amin (collectively, “Coleman”) appeal from the trial court order that granted summary judgment to defendantappellee, the Greater Cleveland Regional Transit Authority (“RTA”), on their complaint.

{¶ 2} Coleman argues in her two assignments of error that summary judgment in RTA’s favor was unwarranted on the record before the trial court. This court [737]*737agrees. Consequently, Coleman’s assignments of error are sustained. The trial court’s order is reversed, and this case is remanded for further proceedings.

{¶ 3} According to the record, on the night of September 12, 2005, Coleman left her work at the Cleveland Clinic Foundation in Cleveland, and, as was her habit, boarded the route number 6 RTA bus for home. Although the bus was crowded, she found a seat.

{¶ 4} A female co-worker, whom Coleman recognized but whose name she at that time did not know, also boarded. Coleman knew the woman lived near her, because she often took the same bus and exited at the same stop as Coleman. The woman found a seat directly across the aisle from Coleman. Coleman subsequently discovered that the co-worker’s name was Frances Spencer.

{¶ 5} Spencer sat next to a man, later identified as Peter Farquharson, who occupied the window seat. Coleman had seen Spencer sit with Farquharson on previous occasions and had assumed the two knew each other.

{¶ 6} After a period of time, some of the other passengers alighted. Spencer and Farquharson took the opportunity to move into seats a few rows closer to the front of the bus. They otherwise retained their original seating arrangement. Coleman decided to do likewise. However, when she took a seat near the two, Spencer began to accuse her of stepping on Farquharson’s feet.

{¶ 7} Coleman argued to the contrary, since Farquharson was sitting by the window. Her protests seemed merely to enrage Spencer; Spencer stood up and launched into a verbal attack of a personal nature. Farquharson, apparently emboldened by Spencer’s tirade, joined in by cursing, calling Coleman “names, and threatening that he was going to do bodily harm” to her. He “lunged” from his seat toward her, “saying that he was going to cut” Coleman, but Spencer’s position prevented Farquharson from actually reaching Coleman.

{¶ 8} Spencer at that point stated to Coleman, “I’m going to cut you up and down.” While pushing him back into his seat, Spencer told Farquharson, “We are going to get her when we get off. * * * We are going to cut her up and down.”

{¶ 9} Coleman, frightened by their behavior, attempted to use her cellular telephone, only to find that it wouldn’t work. She then loudly called out to the bus driver, “Hey, they are back here threatening to cut me up. Call the police, or call 911, because they are threatening to cut me. He threatened to slit my throat.” Spencer still stood, although the bus compartment no longer was crowded.

{¶ 10} According to Coleman, the bus driver stopped the bus to let a passenger alight. He simply looked at her in his mirror; otherwise, he gave no response. He continued driving.

[738]*738{¶ 11} Spencer eventually returned to her seat, still holding Farquharson back, and still making menacing comments. When the bus finally came to their stop in East Cleveland, the two exited. Coleman stood up and reiterated her plea to the driver to call the police. Although she made eye contact with him in the bus mirror, she received no acknowledgment. Instead, “everybody” on the bus sat “in silence. Nobody [was] saying anything, not even him. He’s just got the door open waiting for me to get off the bus.” Spencer and Farquharson stood outside.

{¶ 12} From the driver’s refusal to respond, Coleman believed she had no choice but to leave. She knew that her boyfriend, Al-Amin, and her 11-year-old son were waiting for her; she could see them approaching. When she alighted, she heard Spencer continue to curse at her; at the same time, Coleman saw Spencer pass a knife to Farquharson. The bus pulled away.

{¶ 13} Farquharson lunged toward Coleman with the knife. Coleman’s son reacted by “running up, and * * * pushing] him away * * Farquharson grabbed the boy’s shirt front and sliced at his face, opening the skin near his eye. Al-Amin stepped in to defend the boy, and received stab wounds to both his chest area and one of his fingers.

{¶ 14} Seeing that Coleman was not alone, Spencer fled the fight. Similarly, in the face of Al-Amin’s resistance to the attack, Farquharson soon followed. Coleman began “flagging down” passing motorists for help. One stopped and agreed to take Coleman’s son and Al-Amin to a hospital.

{¶ 15} Coleman subsequently filed the instant action against RTA and the unknown bus driver.1 Coleman alleged that while acting within the scope of bis employment for a “common carrier,” RTA’s bus driver, despite notice of a danger of injury to a passenger, “negligently, recklessly, maliciously, and with wanton disregard, failed to protect” his passenger, and this failure was the proximate cause of both emotional injury to Coleman and physical injuries to her son and boyfriend.

{¶ 16} RTA’s answer denied the pertinent allegations of the complaint and set forth several affirmative defenses. Following discovery, RTA filed a motion for summary judgment with respect to Coleman’s claims. RTA argued that, pursuant to the “public duty doctrine,” it had “no duty to provide police protection” to a passenger since no statute created such a duty. RTA further argued that it was immune from liability pursuant to R.C. Chapter 2744.

{¶ 17} RTA attached evidentiary material to its motion. These documents included a copy of Coleman’s deposition testimony, along with two affidavits. [739]*739According to its acting systems security supervisor, on the night of the incident, “Transit Police received no calls * * * or reports of incidents involving any No. 6 bus * * Similarly, RTA’s assistant manager of service quality indicated that the relevant database reflected “no radio communications from any operators on the No. 6 bus line reporting any passenger disturbances * * * threatened assaults, overt alarms, or covert alarms on September 12, 2005 from 7:30 p.m. to Midnight.”

{¶ 18} Coleman filed a brief in opposition to RTA’s motion. She argued that the common carrier’s duty to provide protection for its passengers fell under common law rather than statute. Additionally, she argued that the facts of this case indicated the existence of genuine issues with respect to RTA’s entitlement to immunity from liability on her claims under R.C. 2744.01 et seq.

{¶ 19} Coleman supported her position with, inter alia, a copy of the relevant portion of the bus-operator handbook, which RTA provided to its drivers. According to section D, paragraph 8, “In the event that a passenger disturbance impacts on the safety of other customers, the operator will stop the coach, evacuate the customers if necessary, and notify Service Quality for assistance or summon an available police officer or supervisor.”

{¶20} Coleman also supplied the trial court with a copy of the deposition testimony of Alan Erenrich, RTA’s director of service management, who authored its bus-operator handbook.

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Cite This Page — Counsel Stack

Bluebook (online)
884 N.E.2d 648, 174 Ohio App. 3d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-greater-cleveland-regional-transit-authority-ohioctapp-2008.