Turner v. Central Local School District

Francis E. Sweeney, Sr., J.

We are asked to determine, inter alia, the application of the Political Subdivision Tort Liability Act, R.C. Chapter 2744, to this action. For the following reasons, we find that Central waived its right to assert the statutory immunity defense embraced within R.C. Chapter 2744 and reverse the court of appeals’ judgment on this issue. However, we affirm that part of the court of appeals’ decision that found a question of fact as to whether the bus driver violated R.C. 4511.75(E).1

Statutory immunity is an affirmative defense, and if it is not raised in a timely…