Employment Cases: Immunity from Suit

(Court of Appeals)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Prewitt v. Alexson Servs., Inc. (8/25/08)

Employer is not entitled to immunity under R.C. 4123.74 from lawsuit resulting from rape by a co-employee.

Vote: 3-0
Opinion by: Judge Bressler
Court: Twelfth Appellate District

Rogan v. Brown (10/23/06)

Definition of employee in R.C. 4123.01(A)(1)(c) only applies to determination of construction employment issues where there is a question of whether an individual is an independant contractor, not to determination of whether an individual is a loaned employee.

Vote: 3-0
Opinion by: Judge Young
Court: Twelfth Appellate District

Sanders v. Fridd (5/25/10)

R.C. 4123.741 only provides immunity from a lawsuit where both parties involved in incident were in the course and scope of their employment.

Vote: 3-0
Opinion by: Judge Klatt
Court: Tenth Appellate District

Saunders v. Holzer Hosp. Found. (3/4/08)

Employer in negligence suit not entitled to summary judgment based on workers' compensation immunity where evidence did not establish that there was no issue of fact as to whether injury during physical therapy sessions conducted at employer-hospital's factility occurred in the course of and arising out of employment.

Vote: 2-0, 1 not participating
Opinion by: Per Curiam
Court: Fourth Appellate District

Sellers v. Liebert Corp. (8/10/06)

R.C. 4123.74 does not provide a company with immunity from a lawsuit when the company contracted for the services of the injured worker from a third party which retained control over, and supervision of, the injured worker.

Vote: 3-0
Opinion by: Judge Whiteside
Court: Tenth Appellate District

Wolf v. Big Lots Stores, Inc. (4/17/08)

Worker who was hired and paid by one employer and then contracted out to a second employer was an employee of the second employer under the "dual employment" doctrine when the second employer controlled the worker's day-to-day employment duties; therefore R.C. 4123.74, which provides an employer which provides workers' compensation coverage with immunity from a negligence suit applies to second employer.

Vote: 3-0
Opinion by: Judge Deshler
Court: Tenth Appellate District