Mencini v. Greater Cleveland Regional Transit Authority, 221 N.E.3d 200, 2023-Ohio-2299 (Ohio App. July 6, 2023)

This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to transit companies and their drivers/employees. Though, generally speaking, government entities can be immune from liability for decision-making functions, negligence by its employees—namely the alleged negligent operation of a motor vehicle by the bus driver—qualifies as an exception to those rules. This was affirmed by the appeals court.

However, the standard applied to the driver required a level of bad faith or wanton conduct rising beyond a level of general negligence allegations. This appears to place bus drivers in Ohio in a similarly situated position to that of police officers, where negligence in performing their duties cannot create individual liability. Summary judgment was granted dismissing the driver from the action.