# Hoyle v. DTJ Enterprises, Inc.

> Ohio Supreme Court · March 12, 2015 · 143 Ohio St. 3d 197

URL: https://www.frixlaw.com/law-library/cases/6798829

## Case

- **Full name:** Hoyle, Appellee Cincinnati Insurance Company v. DTJ Enterprises, Inc.
- **Court:** Ohio Supreme Court
- **Decided:** March 12, 2015
- **Citations:** 143 Ohio St. 3d 197; 36 N.E.3d 122
- **Precedential status:** Published
- **Opinion:** Concurrence by Lanzinger
- **Judges:** Connor, Donnell, French, Kennedy, Lanzinger, Neill, Only, Pfeifer, Syllabus
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6798829

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6798829. Public record. Not legal advice.