Oyedepo v. Sellers
Annotate this CaseGeorge Mason petitioned the Supreme Court for a writ of mandamus to direct the Macon Circuit Court to enter a summary judgment for him on the basis of State-agent immunity in an action filed against him by Kola Oyedepo, individually and as grandfather and next friend of Joshua Dosunmu. George Mason was a bus driver employed by the Macon County Board of Education. Joshua Dosunmu, a fifth-grade student in the Macon County school system, was a passenger on the school bus Mason was driving. After the bus had continued on its route, Dosunmu attempted to cross the highway. He was struck and injured by an automobile, driven by Janie Pearson Sellers. Oyedepo sued Mason and others alleging negligence and wantonness arising from Mason's alleged failure to properly supervise Dosunmu and/or his alleged failure to ensure that Dosunmu got off the bus at the appropriate school-bus stop. Mason moved for summary judgment, arguing that he was entitled to State-agent immunity because as a bus driver employed by the Macon County Board of Education at the time of the accident, he was exercising judgment in transporting and supervising students on the day of the incident. The Supreme Court concluded that Mason demonstrated that he was entitled to State-agent immunity as to the claims asserted against him in his individual capacity in Oyedepo's action. Therefore the Court granted the petition and issued the writ.
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