Opinion

Hoyle v. DTJ Enterprises, Inc.

  • 143 Ohio St. 3d 197
  • 36 N.E.3d 122
Court
Ohio Supreme Court
Filed
Mar 12, 2015
Status
Published
Author
Lanzinger
On the bench
Connor, Donnell, French, Kennedy, Lanzinger, Neill, Only, Pfeifer, Syllabus
Cited by
30 cases
Authority
More cited than 15.4%

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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