Intentional Tort Cases: Standards

(Supreme Court)

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.

Conley v. Brown Corp. of Waverly Inc. (8/5/98)

Intentional tort suit is not limited to employee only. Intentional tort suit can be brought by a third party (such as an insurer who has been assigned the cause of action by the injured worker) or any other entity with the legal right to recover.

Vote: 5-0, 2 concur in judgment & syllabus only
Opinion by: Justice Douglas

Gibson v. Drainage Products, Inc. (5/8/02)

Evidence that employer's actions and policies required employee to engage in dangerous task satisfies third requirement of three-part intentional tort test, and is sufficient to withstand a directed verdict motion. The employee is not required to show that employer expressly ordered employee to perform the dangerous task.

Vote: 5-2
Opinion by: Justice Douglas

Hannah v. Dayton Power & Light Co. (8/5/98)

Evidence presented issue of fact as to whether or not employer had committed intentional tort. Therefore, trial court improperly granted summary judgment in intentional tort suit.

Vote: 4-3
Opinion by: Justice Sweeney