Doe v. Marlington Local School District Board of Education

2009 Ohio 1360, 907 N.E.2d 706, 122 Ohio St. 3d 12
CourtOhio Supreme Court
DecidedMarch 31, 2009
Docket2007-1304
StatusPublished
Cited by49 cases

This text of 2009 Ohio 1360 (Doe v. Marlington Local School District Board of Education) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Marlington Local School District Board of Education, 2009 Ohio 1360, 907 N.E.2d 706, 122 Ohio St. 3d 12 (Ohio 2009).

Opinions

Cupp, J.

{¶ 1} The facts alleged in this case are disturbing. However, this case presents a purely legal issue: whether the immunity granted by R.C. Chapter 2744 applies to bar liability of a school district for negligent supervision of the conduct of children on a school bus. Jane and John Doe, the court-appointed custodians of Holly Roe,1 a minor, sued the Marlington Local School District Board of Education and several employees of the school district seeking damages after their daughter was sexually molested by another child on a school bus. The board moved for summary judgment and raised the defense of political subdivision immunity under R.C. Chapter 2744. The trial court denied the board’s motion for summary judgment, and the board appealed. The court of appeals reversed, holding that the alleged negligent supervision of the children on the bus did not constitute negligent operation of a motor vehicle within the meaning of R.C. 2744.02(B)(1). We accepted the Does’ appeal of that judgment to this court.

[13]*13{¶ 2} We conclude that the appellate court correctly determined that the R.C. 2744.02(B)(1) exception to political subdivision immunity for injuries sustained as a result of the negligent operation of a motor vehicle does not apply to this claim for negligent supervision of the conduct of the children on a school bus. We therefore affirm the court of appeals’ judgment.

I

A

{¶ 3} Holly Roe lived within the Marlington Local School District, but she was enrolled as a fourth-grade student at Fairhope Elementary School in the Louisville City School District, where she received special-education services during the 2004-2005 school year. Marlington’s school buses for transportation of special-needs students took Roe to and from her school. In the afternoons, Roe rode home on a Marlington bus with three other special-needs students, who were boys enrolled at the Louisville Middle School. Those four students were the only passengers on the bus. Sabrina Wright was the regular bus driver for that route during the afternoons from the third week of September 2004 through mid-November 2004. No bus aide was assigned to that route because, in part, the individualized education programs for the four special-needs students who rode that bus did not require that a bus aide be present. The plaintiffs alleged that Bob Boe, one of the boys on that bus, had exhibited serious behavior problems, including physical and verbal aggression. Marlington asserted that Boe had no history of sexual misconduct that was known to defendants.

{¶ 4} On the March 16, 2005, morning ride, a bus aide saw Bob Boe slumped in his seat next to Roe and discovered that Boe had his hand up Roe’s dress. The aide immediately separated the two students. Upon questioning Holly Roe, the bus aide learned that Boe had sexually molested her on the bus that morning. Roe also told the aide that Boe had done similar things “every day on Sabrina Wright’s” afternoon school bus. Wright, the driver of the afternoon bus from mid-September 2004 to mid-November 2004, had never witnessed this conduct, and Roe had told no one about it until questioned by the bus aide on March 16, 2005. The afternoon of March 16, 2005, employees of the district notified Jane Doe, Roe’s guardian, of what had occurred that day.

{¶ 5} The Does and the school district later learned that on Wright’s bus, Roe was sometimes seen on the floor of the bus; Wright thought the students were “playing tag.” Wright testified at her deposition that anytime she saw the students “playing tag,” Wright told the students to separate and move to another seat on the bus. Boe later pleaded “true” to a delinquency charge of gross sexual imposition in violation of R.C. 2907.05 based on his sexual assault of Roe.

[14]*14 B

{¶ 6} The Does, in their own right and on behalf of Roe, sued Marlington Local School District Board of Education, Wright, and Patricia Middleton, the director of transportation for the district, alleging “negligent[ ], reckless[ ], and/or wanton[] operation of] a motor vehicle” and that defendants failed to safely transport and supervise Roe and the students on the bus. The board moved for summary judgment, in part claiming that it was entitled to immunity under R.C. 2744.02. The Does opposed the motion for summary judgment.

{¶ 7} The trial court denied the board’s motion for summary judgment without opinion. The board appealed that order pursuant to R.C. 2744.02(C), which provides that “[a]n order that denies a political subdivision or an employee of a political subdivision the benefit of an alleged immunity from liability as provided in this chapter or any other provision of the law is a final order.”

C

{¶ 8} The court of appeals reversed. The appellate court determined that Sabrina Wright’s alleged inadequate supervision of the students on her school bus did not amount to the negligent operation of a motor vehicle within the meaning of R.C. 2744.02(B)(1), so as to avoid the board’s immunity from liability under R.C. 2744.02(A)(1). Doe v. Marlington School Dist. Bd. of Edn., 5th Dist. No. 2006CA00102, 2007-Ohio-2815, 2007 WL 1651978, ¶ 24. The Does sought review in this court, and review was granted on December 26, 2007. 116 Ohio St.3d 1460, 2007-Ohio-6803, 878 N.E.2d 36. On September 15, 2008, this court ordered that argument in the case be limited to the Does’ first proposition of law. 119 Ohio St.3d 1456, 2008-Ohio-4656, 893 N.E.2d 847. This court dismisses the appeal as to the Does’ second and third propositions of law as having been improvidently accepted. The Does’ first proposition of law asserts that a school bus driver’s negligent failure to supervise and control obvious misbehavior by students on the school bus constitutes “negligent operation” of the school bus for purposes of R.C. 2744.02(B)(1).

II

{¶ 9} The issue in this case is whether a school bus driver’s supervision of the conduct of children passengers on a school bus amounts to operation of a motor vehicle within the statutory exception to political subdivision immunity under R.C. 2744.02(B)(1). The Does argue that in the context of a school bus, “operation of any motor vehicle” means all of the essential functions that the bus driver is trained or required to do by law. The board, by contrast, argues that even if operating a motor vehicle entails more than just driving the bus, it is still tied to the movement of the vehicle or the equipment on the bus, and thus [15]*15operation of the bus does not include the supervision of the conduct of students on board.

{¶ 10} The recognized purpose of R.C. Chapter 2744, the political subdivision immunity law, is the “preservation of the fiscal integrity of political subdivisions.” Wilson v. Stark Cty. Dept. of Human Servs. (1994), 70 Ohio St.3d 450, 453, 639 N.E.2d 105. R.C. Chapter 2744 was the General Assembly’s response to this court’s abrogation of governmental immunity for political subdivisions. Id. We bear this legislative purpose in mind as we consider and apply the provisions of R.C. Chapter 2744.

{¶ 11} The analysis of the defense of immunity under R.C. Chapter 2744 is a familiar one. First, R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 1360, 907 N.E.2d 706, 122 Ohio St. 3d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-marlington-local-school-district-board-of-education-ohio-2009.