Moree v. Greater Cleveland Regional Transit Auth.
Case Details
- Judge(s)
- Gallagher
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal of summary judgment ruling; case remanded for trial on negligent operation claim
Related Laws
No specific laws identified for this ruling.
Outcome
The trial court's denial of summary judgment was affirmed in part and reversed in part. The court allowed the negligent operation claim to proceed to jury trial while reversing on the negligent supervision/training claim, which is barred by political subdivision immunity under Ohio law.
Excerpt
Political subdivision immunity; negligent operation of a motor vehicle; negligent training/supervision; summary judgment; final appealable orders. The trial court's denial of the political subdivision's (RTA) motion for summary judgment is affirmed in part and reversed in part. Denying summary judgment as to the negligent operation of a motor vehicle claim is proper because there is a question of fact for the jury regarding whether the RTA driver was negligent, and thus, whether political subdivision immunity applies. The denial of summary judgment as to the negligent supervision and/or training claim was error, because under R.C. Ch. 2744, political subdivisions are immune from liability for negligent supervision and/or training of an employee operating a motor vehicle. The remaining arguments concerning mootness and dismissal of claims are not based on final appealable orders and we are unable to review them.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Summary judgment res judicata federal court R.C. 4112.02 statute of limitations retaliation breach of contract R.C. 4117.02 State Employee Relations Board. Trial court properly awarded transit authority and union summary judgment where plaintiff's discrimination claims were previously rejected in federal court, retaliation and breach of contract claims were barred by the statute of limitations, claims for breach of rights set forth in the collective bargaining agreement were never arbitrated, were not filed with the State Employment Relations Board, and were also outside the statute of limitations.
Appellant challenges the summary-judgment dismissal of her claims under the Minnesota Human Rights Act (MHRA), her claims under the Minnesota whistleblower act (MWA), and her claims for negligent hiring, supervision, and retention. She also challenges the district court's denial of her motions to compel discovery. Because no genuine issues of material fact exist precluding the grant of summary judgment for respondents and any error related to the motions to compel is harmless, we affirm.
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