Opinion

Doe v. Marlington Local School Dist. Bd. of Edn., 2006ca00102 (6-4-2007)

2007 Ohio 2815

Court: Ohio Court of Appeals
Filed: Jun 4, 2007
Status: Published
On the bench: EDWARDS, J.
Cited by: 4 cases

The opinion

{¶ 29} I respectfully dissent. Because the exceptions found in R.C. 2744.02 (B) are remedial in nature; therefore, to be liberally construed, I would find the alleged failure of the bus driver to supervise student passengers with special needs does fall within the plain and ordinary meaning of "operation of a motor vehicle" for purpose of the tort immunity exception. Accordingly, I would affirm the judgment of the trial court. *Page 13

JUDGMENT ENTRY

For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Stark County Court of Common Pleas is reversed. Costs assessed to appellee. *Page 1

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