$10 Million for a Pedestrian Killed in a Crosswalk: Suing a Public Bus Authority in Ohio

Published August 12, 2025 · Verdicts & Settlements

Beverly Kinney did everything right. She waited for the walk signal, stepped into a marked crosswalk in Cincinnati's Hyde Park neighborhood, and was struck and killed by a turning Metro bus. Last week her family announced a $10 million settlement with the Southwest Ohio Regional Transit Authority, along with a set of safety changes the family's lawyer described as "unprecedented."

The settlement is worth a close look for anyone in the Dayton area, because it answers a question we hear often: can you actually hold a government transit agency responsible when one of its drivers kills or injures someone? The answer is yes.

What happened

According to reporting by WVXU and WCPO, on January 11, 2024, a Metro bus turning from Dana Avenue onto Duck Creek Road struck Ms. Kinney, 87, a retired teacher and longtime volunteer, while she was walking in the crosswalk. WVXU reported that she had the walk signal and that bus video showed she was clearly visible to the driver, both as they waited for the light and as she entered the crosswalk.

The family filed a wrongful-death lawsuit against the driver and the Southwest Ohio Regional Transit Authority (SORTA). As described by WVXU, the suit alleged the driver had a long list of driving violations that should have kept him from being hired. WCPO reported that the crash report listed a suspended license status and that personnel files showed three earlier crashes since Metro hired him in 2018. Both outlets reported that the driver pleaded guilty to misdemeanor vehicular homicide.

The settlement, announced August 7, 2025, resolves the lawsuit. According to the reports, much of the money will fund the Beverly Seeman Kinney Fund at the Greater Cincinnati Foundation to support the kinds of nonprofits she championed.

More than money: the safety terms

What sets this settlement apart is what SORTA agreed to change. As reported by WVXU and WCPO, the terms include:

• An independent audit of the bus-driver training program, with tighter supervisor sign-off on trainees who receive poor marks.
• Recurring in-person training on turn procedures for drivers, using video of the events leading to Ms. Kinney's death and testimony from her family.
• A request for funding for driver-facing cameras on buses.
• Publication of safety data on SORTA's website.
• A QR code and phone number on buses so riders can report safety concerns.
• Free advertising on buses for three years for nonprofits chosen by the estate.

Families who lose someone often tell us that what they want most is for it not to happen to anyone else. A well-built case can make that part of the outcome.

Can you sue a public bus authority in Ohio?

Ohio's Political Subdivision Tort Liability Act, R.C. Chapter 2744, starts from a rule of immunity: cities, counties, school districts, transit authorities and other political subdivisions generally are not liable for injuries connected with their functions. R.C. 2744.02(A)(1). But the statute then lists exceptions, and the first one matters most for crash victims.

Under R.C. 2744.02(B)(1), political subdivisions are liable for injury or death "caused by the negligent operation of any motor vehicle" by their employees acting within the scope of their employment. The defenses to that exception are limited to police, fire and emergency-medical vehicles responding to emergencies. A city bus on its regular route is not one of them.

Ohio law also lists the operation of "a busline or other transit company" as a proprietary function, the kind of activity private businesses also perform. R.C. 2744.01(G)(2)(c). In plain terms, a transit authority that puts a driver behind the wheel of a city bus is held to the same basic duty of care as any other driver. We discussed how a Cleveland court applied the same exception to a transit-bus crash in our 2021 post on the RTA immunity exception. The same rules apply to Greater Dayton RTA buses, city vehicles, and school buses here at home.

The crosswalk rule

A pedestrian in a crosswalk with the signal has the right of way, and a turning driver must yield. Ohio's traffic-signal statute requires vehicles turning right or left on a green to yield to "pedestrians lawfully within an associated crosswalk." R.C. 4511.13(A)(1)(a)(i). Buses have wide turning paths and large blind spots around the front pillars and mirrors. That makes the rule more important for transit drivers, not less, and it is why training on turn procedures sits at the center of this settlement.

Special rules when the defendant is a government agency

Claims against political subdivisions come with their own rules, and families should know them before they talk to anyone:

• No punitive damages. R.C. 2744.05(A) bars punitive damages against a political subdivision, no matter how bad the conduct.
• Collateral benefits are deducted. Under R.C. 2744.05(B)(1), insurance and other benefits the claimant receives for the loss are disclosed to the court and subtracted from an award against the subdivision.
• A cap on noneconomic damages, but not in death cases. R.C. 2744.05(C)(1) limits damages beyond actual economic loss (pain, suffering, loss of companionship) to $250,000 per person in claims against a political subdivision. The statute expressly exempts wrongful-death actions from that limit. That exemption helps explain how a death case against a transit authority can resolve for $10 million.
• Short deadlines and careful pleading. Government cases have their own timelines and immunity defenses. Our claims against the government page explains the process.

What drives the value of a pedestrian death case

Ms. Kinney was 87 and retired. An insurer might argue that a case like hers has little economic loss, and so is worth little. This settlement shows why that view is wrong. In an Ohio wrongful-death case, the survivors' losses include the loss of the person's society, companionship, care and guidance, and the family's mental anguish. When the evidence of fault is strong (here, video, a walk signal, and a driver-history record), those losses carry real weight. Our guide chapter on what your case is worth explains the categories of wrongful-death damages in more detail, and our wrongful death page covers who may bring the claim.

What this means for you

If you or a family member was hit while walking, whether by a bus, a city truck, or a private car, three things matter early:

1. Video. Transit buses, intersections and nearby businesses often record. Public agencies have retention schedules, and a preservation request should go out quickly.
2. The driver's record. Hiring, training and discipline files can show what an employer knew. They are obtained through the lawsuit, but the request starts with knowing to ask.
3. Identifying the right defendant. A transit authority, a contractor, and a private driver are each handled differently.

Our page on pedestrian and crosswalk injuries walks through these steps.