“But not all intentional torts are uninsurable in Ohio.”
How later courts described this case
- “But not all intentional torts are uninsurable in Ohio.”
Written by the judges who cited it.
The opinion
Lanzinger, J.,
concurring in syllabus and judgment only.
{¶ 35} I concur in judgment, but I would frankly state that by defining “substantially certain” acts as “deliberate” in R.C. 2745.01, the General Assembly has closed off employer intentional torts. Even if a plaintiff proves the employer’s intent to injure directly under R.C. 2745.01(A) or (B), or by an unrebutted presumption under R.C. 2745.01(C), the act is not insurable as was the old substantial-certainty intentional tort. Harasyn v. Normandy Metals, Inc., 49 Ohio St.3d 173, 176 , 551 N.E.2d 962 (1990). There is now nothing less than deliberate intent. As a practical matter, employees will be limited to workers’ compensation remedies for their workplace injuries.
Kennedy, J., concurs in the foregoing opinion.