remarking that the addition of the new language “effectively reinstated common-law redress where an injury was sustained neither in the course of nor arising out of the employment”
How later courts described this case
- remarking that the addition of the new language “effectively reinstated common-law redress where an injury was sustained neither in the course of nor arising out of the employment”
- Ohio statute purporting to grant exclusive jurisdiction to an administrative agency to award damages in employer-employee intentional tort cases held unconstitutional
Written by the judges who cited it.
Distinguished
Distinguished by Sampson v. Cuyahoga Metropolitan Housing Authority, 188 Ohio App. 3d 250 (2010)
Consequently, the reasoning in Young, 2008-Ohio-929, 2008 WL 603036, was misplaced because it relied exclusively on Brady, which is inapplicable.
The opinion
Wright, J.,
dissenting. For the most part I concur in the dissenting opinion of Justice Holmes. However, unlike Justice Holmes, I agree with the ultimate result in Blankenship v. Cincinnati Milacron Chemicals, Inc. (1982), 69 Ohio St.2d 608 , 23 O.O.3d 504 , 433 N.E.2d 572 , and application of the standard for assessing tortious intent set forth in Section 8A of 1 Restatement of the Law 2d, Torts (1965). See Kunkler v. Goodyear Tire & Rubber Co. (1988), 36 Ohio St.3d 135, 139 , 522 N.E.2d 477, 481 .
Although undoubtedly concerned with the majority’s elimination of a sound legislative response to the confusion inflicted on the public realm by Jones v. VIP Development Co. (1984), 15 Ohio St.3d 90 , 15 OBR 246, 472 N.E.2d 1046 , the legislature and Ohio industry may take some solace from this court’s recent efforts to correct the deficiencies of Jones . Beginning with the trilogy of cases in 1988 and continuing through this term, we have removed those elements of Jones that are inconsistent with the theory of employer intentional tort espoused in Blankenship, supra. See Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St.3d 100 , 522 N.E.2d 489 ; Pariseau v. Wedge Products, Inc. (1988), 36 Ohio St.3d 124 , 522 N.E.2d 511 ; Kunkler, supra; and Fyffe v. Jeno’s Inc. (1991), 59 Ohio St.3d 115 , 570 N.E.2d 1108 . See, also, Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190 , 532 N.E.2d 753 . Therefore, although the majority today disdainfully turns from the salutary remedial response of our elected representatives in the General Assembly and our former Governor, it has not, thankfully, turned the clock back to those unhappy days following the release of Jones .