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

> Ohio Court of Appeals · June 4, 2007 · 2007 Ohio 2815

URL: https://www.frixlaw.com/law-library/cases/3741460

## Case

- **Full name:** Jane Doe, Individually and as Next Friend of Holly Roe, a Minor v. Marlington Local School District Board of Education
- **Court:** Ohio Court of Appeals
- **Decided:** June 4, 2007
- **Citations:** 2007 Ohio 2815
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** EDWARDS, J.
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3741460

## Opinion text

{¶ 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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3741460. Public record. Not legal advice.